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South Africa Case Law

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Constitutional Law [2023] ZAGPPHC 705

Krejcir (B4170/2013), Ex parte

Krejcir (B4170/2013), Ex parte [2023] ZAGPPHC 705 (13 August 2023)

The High Court dismissed an urgent ex parte application because the applicant gave no factual basis for dispensing with notice to the prison authorities.

  • Right Of Access To Healthcare
  • Urgent Ex Parte Relief
  • Audi Alteram Partem
  • Prisoners Rights
  • Urgent-applications
  • Ex-parte-procedure
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Family And Children [2023] ZAWCHC 112

Fourie and Another v de Wet and Others (13080/2022)

Fourie and Another v de Wet and Others (13080/2022) [2023] ZAWCHC 112 (17 May 2023)

The court held that the terminology of 'care' as used in the Children’s Act and the High Court order encompasses the concept of 'custody' and 'legal custody' for all legal purposes, including the requirements of the medical aid scheme. Section 1(2) of the Children’s Act expressly provides that 'custody' must be construed to mean 'care', and the order granted the applicants both guardianship and care of the children. The medical aid scheme’s reliance on outdated terminology does not justify the exclusion of the children as dependents, as the legislative framework has replaced 'custody' with 'c…

  • Guardianship Of Minors
  • Interpretation Of Children Act
  • Medical Aid Dependents
  • Urgent Ex Parte Relief
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Banking And Finance [2009] ZAGPPHC 102

Executive Officer of the Financial Services Board v New Era Life Insurance Company Limited and Others (40043/2009)

Executive Officer of the Financial Services Board v New Era Life Insurance Company Limited and Others (40043/2009) [2009] ZAGPPHC 102 (3 September 2009)

The High Court confirmed an ex parte curatorship order over New Era Life Insurance, citing governance failures, improper share control, and dividend concerns.

  • Curatorship Of Financial Institution
  • Corporate Governance
  • Shareholding Control
  • Dividend Payments
  • Urgent Ex Parte Relief
  • Curatorship
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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.