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South Africa decisions
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Solidarity obo Mqoni v South African Police Service and Others (J 658/24) [2024] ZALCJHB 521 (1 August 2024)
The Labour Court interdicts SAPS from making unilateral salary deductions from a brigadier and orders repayment, finding the deductions unlawful and urgent.
Cawood and Others v Road Accident Fund (27980/2022) [2022] ZAGPPHC 766 (12 October 2022)
The High Court reviewed and set aside the Road Accident Fund’s internal block on payments, uplifted the block, and awarded attorney-and-client costs.
Humair and Another v National Commissioner of the South African Police Service and Others (5747/2021) [2021] ZAGPJHC 105 (27 July 2021)
The High Court granted spoliation relief after finding the applicants were locked out of business premises without a court order.
Bill v Waterfall Estate Home Owners Association NPC and Another (2019/21837) [2020] ZAGPJHC 81; [2020] 3 All SA 115 (GJ); 2020 (6) SA 145 (GJ) (5 March 2020)
The court found that the applicant had established quasi-possession of a right of access to the estate, which is an incident of possession of the property and thus protected by the mandament van spolie. The deactivation of the applicant's biometric access linked to the property and the denial of his contractors' access constituted dispossession of these rights. The respondents' reliance on the MOI and Estate Rules to justify their conduct amounted to unlawful self-help, as these provisions did not empower them to unilaterally deprive the applicant of access without a court order. The court he…
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Nakana v Kwinana (48754/2012) [2016] ZAGPPHC 1158 (11 October 2016)
The High Court ordered return of disputed furniture to the plaintiff, finding he proved ownership and the defendant had unlawfully retained the goods.
Harri and Others v Mahlathini Landowners Association (A221/2013) [2014] ZAGPPHC 470 (9 July 2014)
The court dismissed an appeal against refusal of a spoliation application concerning access gates to a game reserve, holding the closures were authorised by valid association resolutions.
Centwise 153 CC and Another v Tonrais CC and Others (70623/11) [2012] ZAGPPHC 58 (19 April 2012)
High Court ordered return of attached goods after finding the sheriff and respondents had engaged in unlawful self-help and failed to follow execution procedures.
First National Bank of South Africa Ltd v Land and Agricultural Bank of South Africa and Others ; Sheard v Land and Agricultural Bank of South Africa and Another (CCT7/00) [2000] ZACC 9; 2000 (3) SA 626; 2000 (8) BCLR 876 (9 June 2000)
Sections 34 and 55 of the Land Bank Act 13 of 1944 permit the Land Bank to attach and sell property in execution without judicial supervision, violating the constitutional right of access to courts under section 34 of the Constitution. The process constitutes impermissible self-help and usurps the inherent powers of the courts. The Court confirmed the High Court's orders of invalidity but found that immediate invalidity would prejudice the Land Bank's ability to offer unsecured loans to small and emerging farmers, undermining its developmental mandate. Therefore, the invalidity of section 34(…
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