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South Africa decisions
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Potgieter v Village S.F.W and Others (2651/2021) [2022] ZANCHC 1 (18 January 2022)
Urgent application to interdict transfer of immovable property dismissed because the applicant failed to establish a prima facie right and compliance with statutory formalities.
Shikoane v Government of the Republic of South Africa and Others (16926/2001) [2014] ZAGPPHC 828 (21 October 2014)
High Court decision allowing some amendments to a plea in a land dispute, but rejecting amendments that contradicted prior admissions or added new factual defences.
Du Toit Group (Pty) Ltd v Van Breda and Others (3128/08) [2009] ZAWCHC 152 (16 October 2009)
The court held that the relationship between the plaintiff and the first defendant, as pleaded, constituted a contract of sale for a portion of agricultural land. Such a contract must comply with the formalities prescribed by the Alienation of Land Act, namely, it must be reduced to writing and signed by the parties. The oral agreement relied upon by the plaintiff was therefore invalid and unenforceable. Furthermore, while ministerial consent for subdivision under the Subdivision of Agricultural Land Act is required before transfer can be effected, the absence of an allegation that such conse…
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Solidarity and Others v Minister of Public Service and Administration (J 648/03) [2004] ZALC 36; [2004] 6 BLLR 593 (LC); (2004) 25 ILJ 1764 (LC) (21 April 2004)
The Court found that the agency shop agreement concluded in Resolution No 1 of 1998 did not comply with the statutory requirements of section 25(3)(a) of the Labour Relations Act, as it failed to expressly state that non-union employees are not compelled to become union members. The omission of this provision rendered the agreement void ab initio and not binding. The Court held that reference to section 25 in general terms was insufficient, and the specific requirements must be included in the agreement for it to be valid. The subsequent amendment by Resolution No 4 of 2003 rectified the defi…
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Provincial Government of the Eastern Cape and Others v Contractprops 25 (Pty) Ltd (414/99) [2001] ZASCA 68; [2001] 4 All SA 273 (A); 2001 (4) SA 142 (SCA) (25 May 2001)
The Supreme Court of Appeal held that leases concluded by an Eastern Cape department without Tender Board involvement were ultra vires and invalid, and estoppel could not cure the defect.
Greathead v South African Commercial & Allied Workers Union (290/98) [2000] ZASCA 49; 2001 (3) SA 464 (SCA); (2001) 22 ILJ 595 (SCA) (29 September 2000)
The Supreme Court of Appeal held that the agency shop agreement between Metcash and the union did not comply with the express requirements of section 25(3) of the Labour Relations Act, as it failed to provide for non-compulsion of union membership, payment into a separate account, and restrictions on political contributions. The court rejected the respondent's arguments that substantial compliance or implied incorporation sufficed, and found that rectification was not competent where statutory formalities were lacking. The court further held that the issue of non-compliance could be raised fo…
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Vaal Reefs Exploration and Mining Company v Burger (264/97) [1999] ZASCA 67; [1999] 4 All SA 253 (A) (21 September 1999)
The Supreme Court of Appeal held that the respondent, as curatrix of her husband, was empowered by the court order to cede the fixed deposit and bind the joint estate as surety for the contractor's obligations. The statutory requirement for written consent under section 15 of the Matrimonial Property Act did not apply in this exceptional case, as the respondent's authority derived from the curatorship order, not from her status as spouse. The court found that the cession and suretyship were valid and binding on the joint estate, as the respondent had the requisite authority to act. The court…
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Van Staden v Fourie (36/89) [1989] ZASCA 36; [1989] 2 All SA 329 (A) (30 March 1989)
The court held that a share block contract fell under the statute, causing partial prescription of repayment claims and allowing reasonable-use compensation beyond rent-control limits.
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