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South Africa decisions
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Lesedi Local Municipality v Strydom (2023/107942) [2024] ZAGPJHC 1221 (22 November 2024)
The High Court dismissed a municipality’s review-style challenge to a magistrate’s proceedings, finding the application procedurally defective and confusingly framed.
Bridge Taxi Finance GJ (Pty) Ltd v Shabangu (036642/2023) [2024] ZAGPJHC 681 (22 July 2024)
The High Court confirmed a rule nisi for repossession of a financed minibus after finding no material non-disclosure in the ex parte application.
I.B.F v A.D.K and Another (015928/2023) [2024] ZAGPPHC 296 (22 March 2024)
The High Court confirmed a rule nisi in a child-contact dispute, dismissed a postponement application and an urgent application, and awarded punitive costs.
Matsena v National Research Foundation and Others [2023] ZAGPPHC 349; 51776/2020 (18 May 2023)
The High Court confirmed a rule nisi against counsel and ordered punitive costs de bonis propriis for defamatory and baseless allegations in pleadings and affidavits.
Destiny v Minister of Home Affairs and Another (59320/2021) [2022] ZAGPJHC 966 (18 November 2022)
The applicant, having evinced an intention to apply for asylum, falls within the protective ambit of section 21(2) of the Refugees Act and the principles established in Ruta and Desta Abore. The amendments to the Refugees Act do not alter the fundamental right of an asylum seeker to have his application adjudicated before deportation. The interim order protecting the applicant from detention and deportation pending the outcome of his asylum application is confirmed. The respondents' opposition, although based on their interpretation of recent amendments, does not justify a departure from the…
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Niyonkuru v Minister of Home Affairs and Another (59319/2021) [2022] ZAGPJHC 967 (18 November 2022)
The court held that the applicant, having evinced an intention to apply for asylum, is entitled to protection from deportation pending the adjudication of his asylum application. The Constitutional Court has confirmed that the relevant date is when the intention to seek asylum is made clear, not the date of arrival. The applicant falls within the principles established in Desta Abore and Ruta, and the interim order protecting him from deportation must be confirmed. The respondents' opposition, based on perceived legislative amendments, does not justify a departure from the general rule that t…
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Commissioner for the South African Revenue Services v Esibonga Investment (Pty) Ltd and Others (16177/21) [2022] ZAWCHC 144 (29 July 2022)
The court found that SARS had established a reasonable basis for the preservation order under section 163 of the Tax Administration Act. The respondents failed to provide a satisfactory explanation for the funds paid by Esibonga on their behalf and did not rebut the money laundering allegations. The provisional order was limited to the specified property, Unit 13, Fourway Crest, as set out in Schedule A. The appointment of a curator bonis was necessary to secure the property and facilitate investigation into the transactions. The respondents' arguments that the order was excessive and without…
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City of Ekurhuleni Metropolitan Municipality v The Residents of the Immovable Property known as Twatwa Extension 34 and Others (10803/2019) [2021] ZAGPJHC 894 (11 November 2021)
High Court confirmed a rule nisi in a municipal eviction-related dispute, holding that the key occupation issue had become moot after the respondents left the property.
Kabylia Mini Market CC v City of Tshwane Metropolitan Municipality (45823/2019) [2020] ZAGPPHC 406 (4 August 2020)
The High Court confirmed a rule nisi ordering the City of Tshwane to restore electricity to Kabylia Mini Market CC and awarded attorney-and-client costs.
Imperial Cargo a division of Imperial Logistics South Africa Group (Pty) Ltd v Democratised Transport Logistics and Allied Workers Union and Another (J4215/18) [2019] ZALCJHB 228 (11 September 2019)
The Labour Court refused condonation for a late answering affidavit and confirmed a rule nisi interdicting an unprotected strike.
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