South Africa Case Law

Vusi Jiyane Eiendomme (Pty) Ltd v Govan Mbeki Local Municipality (3826/2020)

Vusi Jiyane Eiendomme (Pty) Ltd v Govan Mbeki Local Municipality (3826/2020) [2024] ZAMPMHC 46 (28 August 2024)

Court

Middelburg High Court, Mpumalanga

Case number

3826/2020

Judge

Langa

The court found that the Plaintiff had been provided with the accounts envisaged by section 95(e) of the Systems Act and had declared a formal dispute regarding their accuracy. The Plaintiff's reliance on section 95 for the delivery and debatement of accounts was misplaced, as the section does not expressly or impliedly confer such a right. The Plaintiff's reference to the Credit Control and Debt Collection Policy was also rejected, as the policy provides mechanisms for contesting accounts but does not include delivery and debatement as remedies. The relationship between the parties was found…

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• Statement Of Account
• Debatement Of Account
• Municipal Services Dispute
• Fiduciary Relationship
• Statutory Obligation
• Credit Control Policy

Masakhane Media (Pty) Ltd v City of Mbombela Local Municipality and Others (1101/2022)

Masakhane Media (Pty) Ltd v City of Mbombela Local Municipality and Others (1101/2022) [2023] ZAMPMBHC 19 (27 March 2023)

Court

Mbombela High Court, Mpumalanga

Case number

1101/2022

Judge

ZE Gumede

The court held that regulation 3(2) of the Financial Misconduct Regulations imposes a mandatory statutory obligation on the Mayor and Municipal Manager to table allegations of financial misconduct before the Municipal Council. The Respondents have no discretion in this regard, and their failure to table the allegations is not a reviewable administrative decision under PAJA. The alternative remedy suggested by the Respondents does not apply, as the conduct in question is not administrative action but a statutory duty. The Applicant is therefore entitled to a mandamus compelling the Municipal R…

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• Municipal Regulations Financial Misconduct
• Mandamus
• Statutory Obligation
• Promotion Of Administrative Justice Act
• Alternative Remedy
• Municipal Finance Management Act

General Public Service Sectoral Bargaining Council v Ngcaba NO (C380/2020)

General Public Service Sectoral Bargaining Council v Ngcaba NO (C380/2020) [2021] ZALCCT 73 (5 October 2021)

Court

Labour Court Cape Town

Case number

C380/2020

Judge

Lagrange

The Labour Court ordered an arbitrator to issue overdue arbitration awards, holding that the delay could be reviewed and remedied under the LRA and PAJA.

• Arbitration Award Delay
• Review Of Administrative Action
• Unreasonable Delay
• Statutory Obligation
• Arbitration-award-delay
• Labour-court-review

Municipal Workers Retirement Fund v Ndlambe Local Municipality (4884/2017)

Municipal Workers Retirement Fund v Ndlambe Local Municipality (4884/2017) [2018] ZAECGHC 139 (22 November 2018)

Court

Eastern Cape High Court, Grahamstown

Case number

4884/2017

Judge

J M Roberson

The court found that the Municipality's monthly payments constituted ongoing acknowledgment of its statutory obligation under section 13A of the Pension Funds Act, thereby interrupting prescription. The Municipality was liable for the full shortfall in contributions, regardless of whether the amounts were deducted from employees' remuneration or whether the employees were still employed. The statutory obligation to pay interest at the prescribed rate was affirmed, and the court rejected the Municipality's argument that lack of awareness or notification by the Fund excused non-payment. The def…

Source excerpt

• Pension Funds Act
• Statutory Obligation
• Prescription
• Compound Interest

Transnet Ltd t/a National Ports Authority v The MV Cleopatra Dream and Another (163/10)

Transnet Ltd t/a National Ports Authority v The MV Cleopatra Dream and Another (163/10) [2011] ZASCA 12; [2011] 3 All SA 279 (SCA); 2011 (5) SA 613 (SCA) (11 March 2011)

Court

Supreme Court of Appeal

Case number

163/10

Judges

Brand, Lewis, Heher, Malan, Seriti

The court dismissed Transnet’s salvage claim, holding the port authority acted under statutory and common law duties and was not entitled to a reward.

• Salvage Reward
• Public Authority Duties
• Voluntariness Requirement
• International Convention Interpretation
• Statutory Obligation
• Common Law Duty

Velocity Freight Services (Pty) Ltd v Digi Plastix (Pty) Ltd (23352/09)

Velocity Freight Services (Pty) Ltd v Digi Plastix (Pty) Ltd (23352/09) [2010] ZAWCHC 166 (2 August 2010)

Court

Western Cape High Court, Cape Town

Case number

23352/09

Judge

Fortuin

High Court granted a winding-up application, finding the respondent commercially insolvent and rejecting its disputed claim that the applicant had to irradiate garlic.

• Company Liquidation
• Commercial Insolvency
• Creditor Locus Standi
• Statutory Obligation
• Contingent Liabilities
• Company-liquidation

Primier Milling Company (Pty) Ltd v Van Der Merwe and Others (126/1988)

Primier Milling Company (Pty) Ltd v Van Der Merwe and Others (126/1988) [1988] ZASCA 154; [1989] 4 All SA 396 (AD) (29 November 1988)

Court

Supreme Court of Appeal

Case number

126/1988

Judges

Botha, Hefer, Grosskopf, Kumleben, Eksteen

The court held that a broker who received a short-term insurance premium on behalf of an insurer had a statutory duty to pay it over, despite contrary instructions from the insured.

• Insurance Broker Liability
• Premium Payment
• Liquidation
• Agency
• Statutory Obligation
• Insurance-law