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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 725

Eskom Holding SOC Limited v Santam Limited and Another (2021/51709; 2023/104516)

Eskom Holding SOC Limited v Santam Limited and Another (2021/51709; 2023/104516) [2025] ZAGPJHC 725 (21 June 2025)

The High Court granted separation of issues, directing that prescription, time bar, and invalid payment certificate special pleas be heard separately.

  • Separation Of Issues
  • Special Plea Prescription
  • Special Plea Time Bar
  • Invalid Payment Certificate
  • Contractual Interpretation
  • Separation-of-issues
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Commercial And Corporate [2014] ZANWHC 48

Powercem Trading And Manufacturing (Pty) Ltd T/A Powercem SA v Thobakgale N.O (1391/2012)

Powercem Trading And Manufacturing (Pty) Ltd T/A Powercem SA v Thobakgale N.O (1391/2012) [2014] ZANWHC 48 (11 September 2014)

The court dismissed Powercem’s claim against the North West Department, finding no binding contract or approved cession because DPW’s written approval was never obtained.

  • Contractual Authority
  • Cession Agreement
  • Subcontractor Liability
  • Prima Facie Case
  • Special Plea Prescription
  • Cession-agreement
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Civil Procedure [2013] ZAECGHC 89

Minister of Safety & Security v Additional Magistrate, N Molo NO and Another (220/2011)

Minister of Safety & Security v Additional Magistrate, N Molo NO and Another (220/2011) [2013] ZAECGHC 89 (23 August 2013)

The court found that the first respondent erred by granting an application to amend the particulars of claim when no such application was before her, constituting a gross irregularity. The judgment focused on an amendment application rather than the special pleas, which were the actual matters for determination. As a result, the decision to allow the amendment and dismiss the special pleas was set aside. The matter was remitted to the first respondent to properly consider and adjudicate the special pleas after hearing the parties' arguments. The court further commented on the applicant's cond…

  • Review Of Magistrate Decision
  • Special Plea Prescription
  • Amendment Of Particulars Of Claim
  • Institution Of Legal Proceedings Against Organs Of State
  • Wrongful Arrest
  • Notice Requirements
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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.