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South Africa decisions
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Gwabeni v Wesbank, a Division of Firstrand Bank Limited (NCT/277103/2023/141(1)(b)) [2024] ZANCT 2 (2 February 2024)
The National Consumer Tribunal dismissed an unopposed consumer application to amend a vehicle credit agreement, finding no proof that Wesbank overcharged the applicant.
Sanlam Life Insurance Limited v Mafetsa (085443/2023) [2023] ZAGPJHC 1445 (12 December 2023)
In an unopposed application, the High Court granted attachment of the respondent’s bank-account interests, but limited the order to the outstanding quantum.
National Consumer Commission v Louw Roets Design (Pty) Ltd (NCT/287774/2023/73(2)(b)) [2023] ZANCT 54 (1 December 2023)
The Tribunal found the respondent delivered damaged goods, refused a refund, and contravened the Consumer Protection Act. It ordered refunds and a R5,000 fine.
Chairperson of the CCMA Governing Body and Others v Phoshoko (6029/2019) [2022] ZALMPPHC 57 (28 October 2022)
The court found that the order granted on 20 May 2021 was erroneously made in the absence of the applicants, without the CCMA record being filed, and in a matter over which the High Court lacked jurisdiction. The respondent conceded the existence of a patent error. The court held that rescission was warranted under Rule 42(1)(a) and (b), as the order was granted contrary to procedural requirements and contained ambiguities. The court rejected the respondent's request to rescind only ambiguous portions, finding that partial rescission would alter the substance and meaning of the original order…
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Moloantoa v Van Vuuren and Others (M133/2021) [2021] ZANWHC 49 (18 June 2021)
The High Court removed this unopposed application from the roll and gave no further reasons beyond those recorded during proceedings.
Sheriff Pretoria Central v Minister of Police (67117/2019) [2021] ZAGPPHC 27 (19 January 2021)
The High Court awarded reserved interlocutory costs on an unopposed party-and-party scale and declined to order punitive costs.
Steynberg v HA Harper (Sole Proprietor) and Another (NCT/133313/2019/75(1)(b)) [2019] ZANCT 133 (8 August 2019)
The National Consumer Tribunal postponed an unopposed consumer matter sine die so the applicant could file an amendment application under Rule 15.
Mdluli v Jermaine Investments & Projects (Pty) Ltd (NCT/109750/2018/75(1)(b)) [2018] ZANCT 143 (9 October 2018)
The Tribunal granted leave to refer a consumer complaint about allegedly reconditioned vehicles and misrepresentation directly to the National Consumer Tribunal.
Moqhaka Local Municipality v SAMWU obo Montsitsi (J2319/15) [2017] ZALCJHB 313 (29 August 2017)
The Labour Court dismissed Moqhaka Local Municipality’s rescission application and ordered costs, finding the enforcement order had not been erroneously granted.
Absa Bank Limited v White N.O and Another (M19/15) [2015] ZANWHC 57 (17 September 2015)
The court held that the applicant is entitled to payment of the claimed sum and interest from the estate of the late Matthew Gilliand White, and that the mortgaged property may be declared specially executable and sold in execution under section 30 of the Administration of Estates Act 66 of 1965 due to the delay in finalizing the estate. The applicant is not obliged to lodge a claim with the executrix and executor and may resort to litigation, as confirmed by the Supreme Court of Appeal in Nedbank Ltd v Steyn. Costs are awarded on an attorney and client scale as stipulated in the mortgage bon…
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