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South Africa decisions
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Justice Benjamin Segomotso Moloabi v Eskom Holdings Soc Limited (6116/2024) [2025] ZAFSHC 194 (25 June 2025)
The High Court confirmed a rule nisi restoring electricity to a business premises, holding that Eskom’s disconnection was an unlawful spoliation of quasi-possession.
Industrial Development Corporation of South Africa Limited v Artsolar (Pty) Ltd and Others (D1162/25) [2025] ZAKZDHC 16 (11 April 2025)
The court found that the IDC has a direct and substantial interest in the proceedings due to its statutory mandate and contractual relationship with Artsolar. The IDC's right to receive information, protected under section 16(1)(b) of the Constitution, and its statutory objectives under the Industrial Development Corporation Act, justify its joinder as a respondent. The interim order was overly broad, unjustifiably prohibiting disclosures to IDC that may be defensible under qualified privilege or statutory rights. The court held that reconsideration of the order was warranted to uphold IDC's…
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Williams and Others v Dykrus (Pty) Limited (650/2022) [2023] ZAMPMBHC 13 (24 February 2023)
Urgent spoliation relief over a water disconnection was refused because restoring the connection would require authorising an unlawful installation.
Moloi v Macsteel Services Centres SA (Pty) Ltd (JS 993/2019) [2022] ZALCJHB 12 (8 February 2022)
The Labour Court refused condonation for an over 18-month delay in filing a statement of claim, finding the explanation incomplete and prospects unproven.
Booysen h/a NVM Beleggings en Versekeringsadviseur v Maree (A134/2008) [2009] ZAFSHC 100 (5 February 2009)
The court held that the agreement in Section 5 of the Advice Record, which purported to make the respondent liable for the appellant's forfeited commission upon cancellation of the policy, was not rendered void by the statutory framework. The legislation and regulations do not expressly prohibit an intermediary from contracting directly with a client for a fee equivalent to forfeited commission, provided such arrangement does not contravene the regulated commission structure. The statutory cooling-off period protects the policyholder from liability to the insurer, but does not extend to bar c…
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Transnet Limited v Proud Heritage Properties (Pty) Ltd and Others (405/08) [2008] ZAECHC 42 (20 March 2008)
The applicant, Transnet Limited, established a clear statutory right to operate and maintain the Richmond beacon for maritime safety under the National Ports Act. The respondents' construction would obstruct the beacon, compromising safe navigation into the port. The applicant's occupation of the site for thirty years with municipal consent further supports its right. The respondents' arguments regarding servitude and constitutional property rights are unfounded, as the applicant does not rely on servitude but on statutory obligations. The injury to the applicant is both actual and reasonably…
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