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South Africa Case Law

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Family And Children [2022] ZAGPJHC 511

ZO v JO (2022/14941)

ZO v JO (2022/14941) [2022] ZAGPJHC 511 (15 June 2022)

The court found that the order of 10 May 2022 authorizing the respondent to relocate with the minor children to the Western Cape was final in nature, as it disposed of the crucial issue of the children's residence and did not provide a mechanism for reconsideration absent fresh proceedings. Accordingly, the filing of an application for leave to appeal automatically suspended the operation and execution of the relocation order. The respondent failed to bring an application under section 18(3) to implement the order pending appeal, and even if such an application had been made, the court was no…

  • Child Relocation
  • Best Interests Of Child
  • Automatic Suspension Of Order
  • Rule 43 Proceedings
  • Section 18 Suspension
  • Parental Contact
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Administrative Law [2021] ZAGPJHC 423

Royal AM Football Club v National Soccer League and Others (21/27854)

Royal AM Football Club v National Soccer League and Others (21/27854) [2021] ZAGPJHC 423 (26 July 2021)

The court found that the Nyathi AJ order was an interim interdict that ceased to operate once the application for leave to appeal was refused by Sutherland DJP. The declaratory relief granted by Nyathi AJ was vague, did not set aside the NSL's actions, and was incapable of enforcement. The Epstein arbitration award remained valid and binding, and the NSL was obliged to implement it. Royal AM's application for declaratory relief, reinstatement, and contempt was dismissed as it failed to meet the requirements for exceptional circumstances, irreparable harm, and enforceable court orders. The cou…

  • Promotion Of Administrative Justice Act
  • Declaratory Relief
  • Contempt Of Court
  • Interim Interdict
  • Arbitration Award Implementation
  • Section 18 Suspension
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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.