Powercem Trading And Manufacturing (Pty) Ltd T/A Powercem SA v Thobakgale N.O (1391/2012) [2014] ZANWHC 48 (11 September 2014)
Court
North West High Court, Mafikeng
Case number
1391/2012
Judge
GUTTA
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.
Minister of Safety & Security v Additional Magistrate, N Molo NO and Another (220/2011) [2013] ZAECGHC 89 (23 August 2013)
Court
Eastern Cape High Court, Grahamstown
Case number
220/2011
Judges
J M Roberson, C M Plasket
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…
Source excerpt
Review Of Magistrate Decision
Special Plea Prescription
Amendment Of Particulars Of Claim
Institution Of Legal Proceedings Against Organs Of State