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South Africa decisions
Decisions matching the current search
Newby and Another v Standard Bank of South Africa Limited (16/08014) [2024] ZAGPJHC 307 (25 March 2024)
The High Court dismissed a late application for leave to appeal because it was filed out of time, no condonation was brought, and prospects of success were weak.
City of Ekurhuleni Metropolitan Municipality v Themba and Others (26039/2020) [2022] ZAGPJHC 811 (17 October 2022)
The court set aside an unlawful transfer of municipal property, ordered it restored to the municipality, and directed a section 2 inquiry under the Conversion Act.
Tapala and Another v Tlebetla and Others (89400/16) [2019] ZAGPPHC 46 (22 February 2019)
The High Court set aside the sale and registration of state-subsidised property to the first respondent for non-compliance with section 10A(1) of the Housing Act.
Solidarity obo Gerber v South African Police Service and Others (C381/17) [2017] ZALCCT 36 (11 August 2017)
The court found that SAPS failed to comply with the mandatory procedures set out in SSSBC Agreement 5 of 1999 and National Instruction 5 of 2015. Sgt Gerber made representations against his transfer, which SAPS ignored, and SAPS did not provide reasons for rejecting those representations. The transfer to a position requiring him to carry a firearm was unlawful, given his medical unfitness and PTSD diagnosis. The applicant established a clear right to have his representations considered, a reasonable apprehension of injury, and no adequate alternative remedy. The court held that the decision t…
Source excerpt
Mogege and Another v Mapuoa and Others (3989/2006) [2015] ZAFSHC 49 (10 March 2015)
The court declared a title deed null and void after finding the property transfer unlawful under the Conversion of Certain Rights to Leasehold Act and ordered the deed cancelled.
Sekwele v Minister of Communications and Another (J1296/13) [2013] ZALCJHB 165 (30 July 2013)
Urgent application challenging a public service transfer failed because the Minister had statutory authority, no irreparable harm was shown, and remedies remained available.
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