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South Africa decisions
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Ethekwini Municipality v South African Municipal Workers union and Others (D119/24) [2024] ZALCD 33 (20 September 2024)
The Labour Court dismissed Ethekwini Municipality’s bid to confirm an urgent interdict and its contempt application, finding the relief moot and the service defective.
Mogalakwena Municipality v South African Municipal Workers Union (SAMWU) and Others (J 1202/2022) [2022] ZALCJHB 332 (11 November 2022)
The Labour Court confirmed a final interdict against union members who unlawfully disrupted municipal operations, intimidated staff, and blocked access at the municipality.
Magagula v Minister of Correctional Services (19938/2015) [2017] ZAGPPHC 799 (16 November 2017)
The court held that correctional officers unlawfully assaulted an inmate with batons, causing a broken arm, and ordered the Minister liable for damages.
Member of the Executive Council, Department of Education, Eastern Cape Province and Another v Eduplanet (Pty) Ltd (189/17) [2017] ZAECGHC 9 (1 February 2017)
The High Court held that Eduplanet unlawfully ran an unregistered independent school, refused to suspend an interdict, and awarded attorney-and-client costs.
Gaobepe v Brits (A79/2013) [2015] ZAFSHC 33 (26 February 2015)
The High Court granted condonation, reinstated the appeal, and held that the respondent failed to prove malicious prosecution or defamation.
Umzimkhulu Municipality v Kwa Nodada's Funeral Services CC (7026/2009) [2010] ZAKZPHC 81 (10 December 2010)
The respondent is operating a funeral parlour without the required certificate of competence, in breach of both the Health Act and municipal bylaws. Such conduct is unlawful and criminalised by statute and bylaw provisions. The requirements for a final interdict are satisfied: the applicant has a clear right established by law, the injury is ongoing due to continued unlawful operation, and no other satisfactory remedy is available, as statutory remedies do not preclude the granting of an interdict. The respondent's defences of lis pendens and res judicata fail because the prior interim order…
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Cuninghame and Another v First Ready Development 249 (9988/2006) [2008] ZAWCHC 186 (25 April 2008)
The High Court granted leave to appeal against dismissal of a winding-up application, finding reasonable prospects of success and ordering the appeal to the Supreme Court of Appeal.
Malan v Minister of Safety and Security and Another (99/2005) [2008] ZAGPHC 65 (21 February 2008)
The High Court granted absolution where a plaintiff failed to prove that a police officer’s phone call about job-placement complaints unlawfully infringed his dignity.
S v Van Zyl (CA&R 17/07) [2007] ZANCHC 43 (22 June 2007)
The court found that the appellant, a 52-year-old adult, unlawfully and intentionally grabbed and shook a 10-year-old child after a minor accident involving a bicycle. Although the appellant's actions were reactive, they were not justified and exceeded what was reasonable under the circumstances. The court rejected the application of the de minimis non curat lex rule, emphasizing the special protection afforded to children under South African law and the Constitution. The appellant's conduct was not trivial and warranted a conviction for assault. The appeal was accordingly dismissed.
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Plaaslike Boeredienste (Edms) Bpk. v Chemfos Bpk. (90/83) [1985] ZASCA 127; [1985] 2 All SA 155 (A); [1986] 2 All SA 42 (A) (28 November 1985)
The court held that a secret benefit to a party’s agent to procure a contract amounted to bribery, allowing repudiation and supporting damages.
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