South Africa Case Law

Firstrand Bank Limited t/a Wesbank v Bergh (4304/2014)

Firstrand Bank Limited t/a Wesbank v Bergh (4304/2014) [2017] ZAFSHC 148 (25 August 2017)

Court

Free State High Court, Bloemfontein

Case number

4304/2014

Judge

Naidoo

The court found that the plaintiff was entitled to terminate the debt review in terms of section 86(10) of the National Credit Act, as the defendant was in default for more than 60 business days after applying for debt review. The amendment to section 86(10) did not apply retrospectively, and the law at the time permitted termination even if the matter had been referred to the Magistrate’s Court. The court rejected the defendant’s argument regarding good faith, as it was not part of the agreed facts for adjudication. The summons issued by the plaintiff was therefore valid and not premature.

Source excerpt

• National Credit Act
• Debt Review Termination
• Retrospective Application Of Statutes
• Special Case Procedure

Minister of Police v Mboweni and Another (657/2013)

Minister of Police v Mboweni and Another (657/2013) [2014] ZASCA 107; 2014 (6) SA 256 (SCA); [2014] 4 All SA 452 (SCA) (5 September 2014)

Court

Supreme Court of Appeal

Case number

657/2013

Judges

Mpati, Bosielo, Wallis, Mbha, Schoeman

The Supreme Court of Appeal held that the High Court erred in granting judgment for constitutional damages without a proper factual foundation and without compliance with the requirements for a special case under Rule 33. The statement of facts did not set out the necessary details regarding the nature and extent of parental care allegedly lost, nor did it address whether the children were actually deprived of parental care as contemplated by section 28(1)(b) of the Constitution. The court emphasised that the right to family or parental care is expressed in the alternative, and the factual ci…

Source excerpt

• Section 28 Rights
• Constitutional Damages
• Loss Of Parental Care
• Special Case Procedure
• Delictual Liability
• Remedies For Rights Infringement

Vecchio Modo (Pty) Ltd v Mitchell and Others (10304/2003)

Vecchio Modo (Pty) Ltd v Mitchell and Others (10304/2003) [2011] ZAWCHC 482 (17 November 2011)

Court

Western Cape High Court, Cape Town

Case number

10304/2003

Judge

Bozalek

The High Court refused leave to appeal, holding there were no reasonable prospects of success on whether a question of law should be stated under section 20 of the Arbitration Act.

• Arbitration Act Section 20
• Leave To Appeal
• Special Case Procedure
• Arbitration
• Leave-to-appeal
• Special-case-procedure

National Union of Mineworkers and Others v Hartebeesfontein Gold Mining Company Ltd. (57/86)

National Union of Mineworkers and Others v Hartebeesfontein Gold Mining Company Ltd. (57/86) [1986] ZASCA 41; 1986 (3) SA 53 (A); (1986) 7 ILJ 275 (A) (27 March 1986)

Court

Supreme Court of Appeal

Case number

57/86

Judges

Rabie, Jansen, Hoexter, Galgut, Nicholas

The Appellate Division held that the industrial court’s reserved questions were not presented as a proper special case and were too abstract for decision.

• Special Case Procedure
• Unfair Labour Practice
• Strike Dismissal
• Jurisdiction Of Industrial Court
• Special-case-procedure
• Industrial-court-jurisdiction