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South Africa decisions
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JC Impellers Proprietary Limited v Erven 1[...] Wadeville Proprietary Limited (2024-107540) [2024] ZAGPJHC 1025 (2 October 2024)
Urgent spoliation relief granted after a landlord cut electricity to leased premises used by a foundry. The court held the disconnection was unlawful self-help.
Salcarb KZN (Pty) Ltd v Ikwezi Mining (Pty) Ltd (2024/043364) [2024] ZAGPJHC 434 (6 May 2024)
Urgent spoliation application granted after the court found the respondent’s denials evasive and ordered restoration of access to the mining property.
Anglo Black (Pty) Ltd and Another v Bower and Others (976/2024) [2024] ZAMPMHC 17 (15 March 2024)
Urgent spoliation matter involving alleged removal of mining-site security and occupation rights. The High Court restored possession and granted interdictory relief.
National Freedom Party v Electoral Commission of South Africa and Others (005/24EC) [2024] ZAEC 7 (8 March 2024)
The Electoral Court dismissed an urgent bid to compel recognition of a party faction, finding fatal non-joinder, parallel proceedings, and no basis to revive the 2019 leadership.
DM v CHP (B6773/23) [2024] ZAGPPHC 76 (4 January 2024)
The respondent’s unilateral decision to relocate the child and restrict the applicant’s contact rights constitutes a breach of both the parties’ agreement and section 31(2) of the Children’s Act, which requires consultation and consideration of the co-holder’s views before making decisions that significantly affect parental rights. The evidence does not support the respondent’s claim of having relocated, and the applicant presented objective proof that the child’s life remains centred in Pretoria. The urgency of the matter is established by the immediate and adverse impact on the child’s rela…
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Ropax Investments 10 (Pty) Ltd and Others v Express Petroleum (Pty) Ltd (CA206/2021) [2022] ZAECMKHC 103 (22 November 2022)
The court held that the order of Nhlangulela DJP must be interpreted in the context of the judgment's reasons, which intended to reinstate the status quo ante, including both exclusive sourcing of fuel from Express and payment of the usual price historically charged. The appellants' conduct in paying only market-related prices constituted non-compliance with the order. Their subsequent change in position was found to be opportunistic and not bona fide. The court found that the appellants' explanation for non-compliance was inadequate and their conduct was wilful, amounting to contumacious con…
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