Ditsobotla Local Municipality v Carewell Holdings 5 (Pty) Ltd (1396/2022) [2023] ZANWHC 219 (10 August 2023)
Court
North West High Court, Mafikeng
Case number
1396/2022
Judge
FMM Reid
The High Court dismissed a municipality’s second urgent application as an irregular step after the first was struck off the roll, but allowed ten days to rectify the original application.
Save the Maize Belt Society v MEC for Agriculture, Rural Development, Land and Environmental Affairs: Mpumalanga Province and Others (4340/2021) [2023] ZAMPMBHC 31 (25 May 2023)
Court
Mbombela High Court, Mpumalanga
Case number
4340/2021
Judge
B A Mashile
The High Court refused leave to appeal, holding that the interlocutory order was not appealable because it was not final or definitive.
BP Southern Africa (PTY) Ltd v KTA Services Station (PTY) Ltd :In re: KTA Services Station (PTY) Ltd v BP Southern Africa (PTY) Ltd (40729/2021) [2022] ZAGPJHC 537 (10 August 2022)
Court
South Gauteng High Court, Johannesburg
Case number
40729/2021
Judge
M A Makume
The High Court allowed BP Southern Africa to file a supplementary affidavit and held that Mr Hittler lacked authority to represent KTA in the matter.
Bakubung Ba Ratheo Traditional Community and Others v Bakubung Community Development Corporation and Others (14349/2017) [2022] ZAGPJHC 520 (2 August 2022)
Court
South Gauteng High Court, Johannesburg
Case number
14349/2017
Judge
S Yacoob
The court found that the second and third applicants had not established any authority to represent the first applicant community, as required by the North West Traditional Leadership and Governance Act. The Khuduthamaga resolution was invalid, and the Kgosi had not authorised the proceedings. The applicants, as members of the community, had standing only to protect their own interests, not to act on behalf of the community. The previous North West High Court order was irrelevant to the present matter and did not confer any right to consultation on the applicants. The respondents' uncontradic…
Kotze v Haldon Estates (Edms) Bpk en Anders (2475/2010) [2010] ZAFSHC 102 (23 September 2010)
Court
Free State High Court, Bloemfontein
Case number
2475/2010
Judge
Kruger, R
The court found that the title deed condition, registered as a servitude, was intended to benefit both the municipality and adjacent property owners, including the applicant. The applicant therefore has locus standi to enforce the condition. The first respondent admitted to conducting activities on the property that contravene the restriction, and its technical defences regarding authorisation and locus standi were rejected. The municipality, as the named beneficiary of the servitude, supported the application and was properly before the court. The respondent's argument that the municipality…