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South Africa Case Law

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Civil Procedure [2025] ZAECMHC 71

Va v King Sabata Dalindyebo Municipality (2025/117610)

Va v King Sabata Dalindyebo Municipality (2025/117610) [2025] ZAECMHC 71 (1 August 2025)

Court
Eastern Cape High Court, Mthatha
Case number
2025/117610
Judge
Zono

The court found that the applicant was in possession of the motor vehicle through his employee, satisfying the first requirement for spoliation relief. However, the respondent's impoundment of the vehicle was authorised by Regulation 305(6) of the National Road Traffic Act and the municipal by-laws, as the vehicle was obstructing traffic. The driver cooperated with the officers, and the removal was not forcible or unlawful. The applicant failed to establish unlawful deprivation, and the statutory provisions justified the respondent's actions. The application for spoliation relief was therefor…

Source excerpt

  • Mandament Van Spolie
  • Unlawful Deprivation Of Possession
  • Municipal By Laws
  • Traffic Regulation
  • Statutory Authority For Impoundment
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Land And Property [2018] ZASCA 160

Tembu Convenience Centre CC and Another v City of Johannesburg and Others (270/2018)

Tembu Convenience Centre CC and Another v City of Johannesburg and Others (270/2018) [2018] ZASCA 160; 2019 (4) SA 194 (SCA) (28 November 2018)

Court
Supreme Court of Appeal
Case number
270/2018
Judges
Ponnan, Tshiqi, Saldulker, Mokgohloa, Rogers

The Supreme Court of Appeal held that the creation of dedicated bus lanes and the installation of physical barriers in Mooki Street did not amount to a permanent closure or diversion of part of the street within the meaning of section 67 of the Local Government Ordinance 17 of 1939. The court found that the closure was only for a particular class of traffic—vehicles other than Rea Vaya buses—and thus fell under section 66(1), which does not require the procedures of section 67. The court distinguished the present facts from previous cases where streets were closed or diverted to all traffic o…

Source excerpt

  • Municipal Powers
  • Road Closure
  • Compensation For Loss
  • Traffic Regulation
  • Local Government Ordinance
  • Dedicated Bus Lane
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Administrative Law [2016] ZAECPEHC 22

Keypak (Pty) Ltd v Dyakala and Another (3877/2015)

Keypak (Pty) Ltd v Dyakala and Another (3877/2015) [2016] ZAECPEHC 22 (24 May 2016)

Court
Eastern Cape High Court, Port Elizabeth
Case number
3877/2015
Judge
Tshiki

The court found that material disputes of fact existed between the parties, particularly regarding the lawfulness of the applicant's conduct and the existence of any agreement with the first respondent. The applicant failed to demonstrate that the first respondent's actions were unlawful or that the requirements for a final interdict were met. The respondent's version was preferred, as the applicant could not refute the factual averments made by the first respondent. The court held that the matter could not be resolved on affidavit and that the application for a final interdict must be dismis…

Source excerpt

  • Interdict
  • Municipal Powers
  • Traffic Regulation
  • Dispute Of Fact
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.