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South Africa decisions
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Dollar Rent A Car and Another v Moolla NO and Others (3536/2022) [2023] ZAGPJHC 823 (24 July 2023)
The High Court referred a disputed locus standi challenge about the second applicant to oral and/or documentary evidence, and suspended the leave-to-appeal hearing.
Sakhikusasa Construction and Projects (Pty) Ltd and Others v CNG Holdings (Pty) Ltd and Others (31804/2021;37732/2021) [2023] ZAGPJHC 67 (31 January 2023)
The High Court dismissed an application to file a supplementary affidavit and a Rule 7(1) challenge to attorneys’ authority, awarding costs against the applicants.
Trustees of the Rae Family Trust (T2031-2000) v Ledger and Others (11895/19) [2020] ZAWCHC 150 (6 November 2020)
The court held that the authority of ENS attorneys to act for the Rae Family Trust was valid only while the trust had the minimum number of trustees as required by its deed and as authorised by the Master. Upon the death of Rae, the trust was left with only one authorised trustee, Van Graan, and Dunn, although nominated, had not yet received letters of authority from the Master. This resulted in the trust lacking the capacity to act, and any mandate previously given to ENS ceased to be valid. The Rule 7(1) application disputing authority was brought within the prescribed period after Bisiplex…
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Bafokeng Land Buyers Association and Others v Royal Bafokeng Nation and Others (CIV APP 3/17) [2018] ZANWHC 5; [2018] 3 All SA 92 (NWM); 2018 (5) SA 566 (NWM) (9 March 2018)
The Supreme Council of the Royal Bafokeng Nation did not have the authority under Bafokeng customary law to institute litigation of such public importance without broad consultation with the community. The duty to consult is a legally enforceable obligation under Bafokeng custom, especially for decisions affecting land ownership and the rights of community members. The failure to consult before instituting the main application violated both customary law and constitutional principles of participatory democracy, transparency, and accountability. The appeal was upheld on this ground. Regarding…
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Coal of Africa Limited v Nekuvule, In re: Nekuvule and Another v Coal of Africa Limited and Others (64389/2014) [2018] ZAGPPHC 5 (12 February 2018)
The court found that Coal of Africa Limited had established a bona fide dispute of fact regarding whether Mr Nekuvule was authorised to represent the Kuvule Community in the main application. The evidence presented by Mr Nekuvule, namely the attendance register and meeting minute, was directly challenged by affidavits from at least 22 individuals denying their participation or signatures. The prior recognition of Mr Nekuvule as representative in a different court case did not suffice to establish authority for this separate matter. The court held that the dispute could not be resolved on the…
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Gakuba v Firstrand Bank Ltd and Others (2014/42463) [2015] ZAGPJHC 201 (11 September 2015)
The High Court dismissed an application to set aside a sale in execution, finding the debtor had not complied with agreed deferment payment terms.
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