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South Africa Case Law

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Civil Procedure [2021] ZAGPPHC 829

Silinda N.O and Others v Master of the High Court, Pretoria and Others (20553/2021)

Silinda N.O and Others v Master of the High Court, Pretoria and Others (20553/2021) [2021] ZAGPPHC 829 (2 December 2021)

The court extended a rule nisi and held that two law firms were authorised to act for specified groups of interested parties in a land-restitution dispute.

  • Rule 7 Authority To Act
  • Trusteeship Dispute
  • Land Restitution
  • Settlement Agreement Enforcement
  • Rule-7-authority-to-act
  • Land-restitution
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Civil Procedure [2021] ZAFSHC 128

Motaung and Others v MEC Cooperative Governance and Traditional Affairs and Others (4339/2020)

Motaung and Others v MEC Cooperative Governance and Traditional Affairs and Others (4339/2020) [2021] ZAFSHC 128 (13 April 2021)

The court found that the applicants failed to establish locus standi, as the authority to act was disputed and substantiated by affidavits from councillors who denied authorising the application. The applicants did not file replying affidavits to address these disputes, nor did they comply with directives to file heads of argument or seek condonation for their failure. The grounds of appeal were found to be general and unsupported by specifics. The court held that the Plascon Evans rule applied, as the applicants did not respond to disputed facts, and that there was no reasonable prospect of…

  • Locus Standi
  • Rule 7 Authority To Act
  • Urgent Interdict
  • Declaratory Relief
  • Costs Award
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Civil Procedure [2018] ZAGPPHC 426

Health Profession Council of South Africa and Others v Ndumo and Another (48876/17)

Health Profession Council of South Africa and Others v Ndumo and Another (48876/17) [2018] ZAGPPHC 426 (22 June 2018)

The High Court dismissed a Rule 30A challenge to a special power of attorney, holding it sufficiently authorised the attorneys to bring a RAF review application.

  • Rule 7 Authority To Act
  • Rule 30a Non Compliance
  • Power Of Attorney
  • Road Accident Fund Regulations
  • Rule-30a
  • Rule-7
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Civil Procedure [2017] ZAGPPHC 431

MacMillan v Janse van Rensburg (67920/2015)

MacMillan v Janse van Rensburg (67920/2015) [2017] ZAGPPHC 431 (12 April 2017)

The High Court dismissed a Rule 30A application seeking dismissal of a claim for alleged non-compliance with a Rule 7(1) notice.

  • Rule 7 Authority To Act
  • Rule 30a Non Compliance
  • Motion Proceedings
  • Acknowledgement Of Debt
  • Civil-procedure
  • Rule-7
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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.