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South Africa Case Law

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Civil Procedure [2022] ZAECMHC 52

Mkhehle v Station Commander, Central Police Station and Others (1669/2022)

Mkhehle v Station Commander, Central Police Station and Others (1669/2022) [2022] ZAECMHC 52 (1 December 2022)

Urgent application for return of a liquor licence and seized liquor failed; the court held the applicant did not prove the licence was valid.

  • State Liability Act Compliance
  • Urgency In Motion Proceedings
  • Seizure Of Property
  • Burden Of Proof
  • Costs Award
  • Liquor-licence
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Civil Procedure [2021] ZAGPPHC 469

Sangweni and Another v MEC for Health, Gauteng Provincial Division (26465/2020)

Sangweni and Another v MEC for Health, Gauteng Provincial Division (26465/2020) [2021] ZAGPPHC 469 (12 July 2021)

The court found that the defendant's special plea was vague and embarrassing as it failed to set out the factual basis for the alleged non-compliance with statutory provisions. The references to sections of the State Liability Act were either unsupported by facts or referred to non-existent sections. This lack of specificity prejudiced the plaintiffs in their ability to plead, replicate, and prepare for trial. The court held that the special plea did not contain the necessary averments to sustain a defence and that the exception should be upheld. However, rather than striking out the special…

  • Exception Procedure
  • Vague And Embarrassing Pleading
  • Institution Of Legal Proceedings Against Organs Of State
  • State Liability Act Compliance
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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.