South Africa Case Law

Maughan v Zuma and Others (12770/22P;13062/22P)

Maughan v Zuma and Others (12770/22P;13062/22P) [2023] ZAKZPHC 59; [2023] 3 All SA 484 (KZP); 2023 (5) SA 467 (KZP); 2023 (2) SACR 435 (KZP) (7 June 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

12770/22P;13062/22P

Judges

Kruger, Henriques, Masipa

The court found that the respondent, Mr Zuma, failed to produce a valid nolle prosequi certificate in respect of Ms Maughan at the time the summons was issued, rendering the private prosecution unlawful. Furthermore, Mr Zuma did not demonstrate a substantial and peculiar interest arising from any injury suffered as required by section 7(1) of the Criminal Procedure Act, as the alleged disclosures did not violate his rights or cause actionable harm. The court held that the private prosecutions were instituted for ulterior purposes, namely to intimidate, harass, and silence the applicants in th…

Source excerpt

• Private Prosecution
• Abuse Of Process
• Slapp Suit
• Freedom Of Expression
• Nolle Prosequi Certificate
• Standing To Prosecute

Body Corporate Assistance Gauteng (Pty) Ltd and Others v Tillman and Others (34372/2020)

Body Corporate Assistance Gauteng (Pty) Ltd and Others v Tillman and Others (34372/2020) [2023] ZAGPJHC 596 (30 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

34372/2020

Judge

MIA

The court found that the applicants failed to make out a case for interim interdict on the papers, as the disputes of fact were genuine and far-reaching. The applicants ought to have foreseen these disputes and proceeded by way of summons. The court held that referral to trial is appropriate, with the founding affidavit serving as summons and the answering affidavits as pleas. The applicants are ordered to pay costs on an attorney-client scale, excluding the respondents from liability for such costs if a levy is raised.

Source excerpt

• Interim Interdict
• Referral To Oral Evidence
• Abuse Of Process
• Slapp Suit
• Sectional Title Scheme Management

Wraypex (Pty) Ltd v Barnes and Others (25173/05, 30729/05, 32648/05, 32649/05)

Wraypex (Pty) Ltd v Barnes and Others (25173/05, 30729/05, 32648/05, 32649/05) [2011] ZAGPPHC 20; 2011 (3) SA 205 (GNP) (11 February 2011)

Court

North Gauteng High Court, Pretoria

Case number

25173/05, 30729/05, 32648/05, 32649/05

Judge

Sapire AJ

The court dismissed four defamation claims and ordered punitive costs against the plaintiff, finding the litigation vexatious and resembling a SLAPP suit.

• Costs Award
• Vexatious Litigation
• Defamation
• Attorney And Client Scale
• Slapp Suit
• Attorney-and-client-costs