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South Africa decisions
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Gcam-Gcam v Minister of Police (926/2018) [2025] ZAECMHC 51 (10 June 2025)
High Court judgment on prescription and statutory notice in a wrongful arrest and detention claim. The court held prescription ran from the arrest date, upheld both special pleas, and dismissed the claim.
Rent a Tank JHB (Pty) Limited v Fuelgiants (Pty) Limited (2025/012156) [2025] ZAGPJHC 517 (19 May 2025)
The court held that the statutory requirements for effective notice to respondents, employees, and trade unions in liquidation and sequestration applications are mandatory and have been in force for over two decades. The purpose is to ensure that all affected parties are informed and can participate in proceedings that have far-reaching consequences, including the loss of control over assets and the establishment of a concursus creditorum. In the matters before the court, applicants routinely failed to comply with these requirements, relying on service at registered addresses that were not pr…
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E.S v MEC for Department of Health, Eastern Cape Province (529/2022) [2025] ZAECBHC 11 (15 May 2025)
The High Court held that the applicant served statutory notice timeously after learning of the suspected negligence in 2021 and granted declaratory relief and costs.
Gaobepe v Minister of Justice and Correctional Services (94619/2016) [2025] ZAGPPHC 396 (3 April 2025)
The High Court granted condonation for a late statutory notice under the Organs of State Act, finding the four-month delay excusable and no actual prejudice shown.
Daniso and Others v Minister of Police (EL840/2020) [2024] ZAECELLC 51 (27 September 2024)
The court found that the applicants only became aware of their entitlement to claim and the requirement to give statutory notice on 20 February 2020, upon consulting their attorney. The debt in respect of Claim A thus became due on that date, and the statutory notices were dispatched promptly thereafter. The discrepancy in the dates of the notices and proof of posting was accepted as a typographical error, and the respondent did not deny receipt or claim prejudice. The court declared that the applicants had complied with the notice requirements under section 3(1) of ILPACOSA for both claims a…
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Changsen v Minister of Justice and Correctional Services and Another (EC 04 / 2021) [2024] ZAEQC 4 (10 July 2024)
The court found that the applicant's claims for damages and declaratory relief are prescribed under statutory law, as no statutory notice was given to the respondents and the claims were not instituted within the required timeframes. The applicant failed to establish a prima facie case of unfair discrimination, as the allegations lacked specificity and evidential basis. The court held that constitutional damages are not available where common law remedies exist and have prescribed, and that the Equality Court does not have jurisdiction over academic or hypothetical claims where effective reme…
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Manchu v Minister of Police and Others (1005/2021) [2024] ZAGPJHC 535 (3 May 2024)
The court held that the plaintiff's claims for unlawful arrest and detention do not constitute a continuous wrong. Prescription for unlawful arrest commenced on the date of arrest, and for detention, each day constituted a separate debt. The plaintiff had actual or deemed knowledge of the identity of the debtors and the facts giving rise to the debt from the outset, and his lack of knowledge of the right to claim is a legal conclusion, not a material fact. The statutory notice under section 3 of the Institution of Legal Proceedings Act was served out of time for most claims, and condonation w…
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Nelmar Court (Pty) Ltd v City of Johannesburg and Others (2023/046703) [2023] ZAGPJHC 531 (22 May 2023)
The High Court held the water disconnection unlawful, granted interim reconnection and an interdict, and declared the City of Johannesburg in contempt.
African Shades Trading (PTY) Limited and Others v South African Diamond and Precious Metals Regulator and Others (045833/2022) [2022] ZAGPJHC 947 (29 November 2022)
Urgent interim interdict granted over detained catalytic-converter goods pending final relief on whether a refining licence is required under the Precious Metals Act.
Solomon v Sol Plaatje Municipality (244/2021) [2021] ZANCHC 47 (3 September 2021)
The High Court granted condonation for late statutory notice under Act 40 of 2002, finding good cause, no prescription, and no unreasonable prejudice.
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