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South Africa Case Law

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Civil Procedure [2019] ZAGPJHC 436

Randgold and Exploration Company Limited and Another v Gold fields Operations Limited and Others (27672/2008)

Randgold and Exploration Company Limited and Another v Gold fields Operations Limited and Others (27672/2008) [2019] ZAGPJHC 436; [2020] 1 All SA 491 (GJ); 2020 (3) SA 251 (GJ) (28 November 2019)

Court
South Gauteng High Court, Johannesburg
Case number
27672/2008
Judge
I Opperman

The court held that there is no enabling legislation or authority empowering a South African court to compel foreign courts to assist in obtaining evidence from witnesses abroad under compulsion via video-link. The Uniform Rules of Court provide for commission de bene esse as the appropriate mechanism, and the applicants failed to demonstrate that this alternative is inadequate. The subsidiarity principle precludes the court from bypassing existing rules and invoking constitutional powers to create new procedures. Official country profiles and expert opinions confirm that the foreign jurisdic…

Source excerpt

  • Commission De Bene Esse
  • Letters Of Request
  • Video Link Evidence
  • Subsidiarity Principle
  • Judicial Comity
  • Foreign Courts Evidence Act
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Admiralty And Maritime [2018] ZAKZDHC 39

M.K v Transnet Ltd t/a Portnet (A105/2004)

M.K v Transnet Ltd t/a Portnet (A105/2004) [2018] ZAKZDHC 39; [2018] 4 All SA 251 (KZD) (20 August 2018)

Court
Kwazulu-Natal High Court, Durban
Case number
A105/2004
Judge
Mbatha

The court found that the applicant's claim for loss of support arising from the death of her son, an officer on the MSC Viviana, constitutes a maritime claim under the Admiralty Jurisdiction Regulation Act. The court has jurisdiction to entertain the matter and may admit hearsay evidence in admiralty proceedings. The applicant demonstrated, through medical evidence, her inability to travel due to age, ill health, and lack of financial means. The absence of specific rules for video link evidence in civil proceedings does not preclude the court from exercising its inherent powers to regulate pr…

Source excerpt

  • Admiralty Jurisdiction
  • Video Link Evidence
  • Loss Of Support
  • Hearsay Evidence
  • Court Inherent Powers
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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.