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South Africa Case Law

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Civil Procedure [2023] ZAGPPHC 1794

South African Legal Practice Council v Teffo (10991/2021)

South African Legal Practice Council v Teffo (10991/2021) [2023] ZAGPPHC 1794 (13 October 2023)

The court found Mr Teffo in contempt of a prior strike-off order for continuing to act as an advocate and failing to comply with its terms.

  • Contempt Of Court
  • Striking Off Legal Practitioner
  • Fit And Proper Person
  • Legal Practitioner Discipline
  • Rule 7 Authority
  • Recission And Variation
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Civil Procedure [2023] ZANWHC 219

Ditsobotla Local Municipality v Carewell Holdings 5 (Pty) Ltd (1396/2022)

Ditsobotla Local Municipality v Carewell Holdings 5 (Pty) Ltd (1396/2022) [2023] ZANWHC 219 (10 August 2023)

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.

  • Rule 7 Authority
  • Rule 30 Irregular Proceedings
  • Writ Of Execution
  • Default Judgment
  • Lis Pendens
  • Rule-30
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Civil Procedure [2023] ZAMPMBHC 31

Save the Maize Belt Society v MEC for Agriculture, Rural Development, Land and Environmental Affairs: Mpumalanga Province and Others (4340/2021)

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)

The High Court refused leave to appeal, holding that the interlocutory order was not appealable because it was not final or definitive.

  • Appealability Of Interlocutory Orders
  • Universitas Personarum
  • Rule 7 Authority
  • Locus Standi
  • Appealability-of-interlocutory-orders
  • Rule-7-authority
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Civil Procedure [2022] ZAGPJHC 537

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)

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)

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.

  • Filing Of Further Affidavit
  • Locus Standi
  • Representation Of Companies
  • Rule 7 Authority
  • Rule 35 Discovery
  • Civil-procedure
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Civil Procedure [2022] ZAGPJHC 520

Bakubung Ba Ratheo Traditional Community and Others v Bakubung Community Development Corporation and Others (14349/2017)

Bakubung Ba Ratheo Traditional Community and Others v Bakubung Community Development Corporation and Others (14349/2017) [2022] ZAGPJHC 520 (2 August 2022)

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…

  • Locus Standi
  • Rule 7 Authority
  • Consultation Rights
  • Traditional Leadership
  • Interim Interdict
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Land And Property [2010] ZAFSHC 102

Kotze v Haldon Estates (Edms) Bpk en Anders (2475/2010)

Kotze v Haldon Estates (Edms) Bpk en Anders (2475/2010) [2010] ZAFSHC 102 (23 September 2010)

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…

  • Title Deed Conditions
  • Serwitude Enforcement
  • Locus Standi
  • Municipal Authority
  • Interdict
  • Rule 7 Authority
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.