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South Africa decisions
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Malatji v Ledwaba NO and Others (1136/19) [2021] ZASCA 29 (30 March 2021)
The Supreme Court of Appeal set aside a trust trustees election because proxy voting and the voting procedure breached the trust deed and court order.
TMT Services and Supplies (Pty) Limited v Mpumalanga Local Government: Department of Transport and Another (59047/2012; 17827/2014) [2021] ZAGPPHC 69 (22 January 2021)
The court held that the documents sought by the applicant are relevant to the issues in dispute, particularly regarding the tender process and the registration status of competing tenderers as debt collectors. The test for relevance is satisfied as the documents may directly or indirectly assist the applicant in advancing its case or damaging the respondent's case. The respondent's argument that the applicant is barred from amending its replication is rejected, as the applicant is entitled to seek condonation and is not ipso facto barred. The issue of confidentiality raised by the respondent…
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Pristine Seafoods (Pty) Ltd v Collective Dream Studios (10148/2017) [2019] ZAWCHC 72 (14 June 2019)
High Court stayed a commercial claim pending arbitration, holding the defendant validly invoked the arbitration clause and had not waived that right.
Tekno-Medical Optik Chirurgie GMBH v Registrar of Trade Marks and Another (2015/59773) [2017] ZAGPPHC 404; 2017 BIP 106 (GP) (28 July 2017)
The court found that the applicant had established extensive use and reputation in the 'TEKNO' trade mark in South Africa prior to the second respondent's registration. The second respondent and its predecessors acted as distributors of the applicant's products and did not originate, acquire, or adopt the mark independently. The respondent's claim to proprietorship was unsupported by objective evidence and contradicted by the applicant's documented sales and agency arrangements. The court rejected the respondent's defences of waiver, estoppel, and acquiescence, finding no unequivocal conduct…
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Nondabula v Road Accident Fund (2845/13) [2016] ZAECMHC 45 (27 September 2016)
The court held that the plaintiff's claim was lodged outside the three-year prescription period stipulated in section 23(1) of the Road Accident Fund Act. Section 23(3) extends the prescription period to five years only if the claim is lodged within three years in terms of section 17(4)(a) or section 24, which did not occur in this case. The settlement agreement of 7 November 2013 resolved only the issue of negligence and expressly reserved the defendant's right to raise prescription; thus, the right to prescription was not compromised. The defendant's conduct in litigation, including failure…
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Shoprite Checkers (Pty) Ltd v Masstores (Pty) Ltd and Another (2356/2016) [2016] ZAECGHC 52; [2016] 3 All SA 926 (ECG) (12 July 2016)
The court found that Shoprite's lease with Whirlprops conferred exclusive rights to operate a supermarket and sell fresh foods, fruit, and vegetables at the Plaza. Game, with knowledge of these rights, concluded a new lease and addendum in 2014 and 2016, expanding its entitlement to trade in fresh foods, thereby usurping Shoprite's exclusivity. The court held that this conduct constituted wrongful interference with Shoprite's contractual relationship with Whirlprops, satisfying the requirements for the Aquilian action: a wrongful act, interference in the contractual relationship, and intent (…
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Ferreira v Q No More (Pty) Ltd and Another (35035 /2012) [2013] ZAGPJHC 48 (8 March 2013)
The court dismissed an application to declare a lease void ab initio, holding that the parties’ conduct showed the agreement operated despite an unsatisfied suretyship condition.
Phera v Education Labour Relations Council and Others (JA 81/10) [2012] ZALAC 18; [2012] 11 BLLR 1137 (LAC); (2012) 33 ILJ 2839 (LAC) (22 June 2012)
The Labour Appeal Court held that no employment relationship arose because the appellant started work without required written permission, so the Bargaining Council lacked jurisdiction.
Noe and Others v Premier of the Free State Provincial Division and Others (3607/09) [2010] ZAFSHC 56 (4 June 2010)
The court found that the purported permanent appointments of the applicants were made without compliance with the mandatory procedures set out in the Public Service Act and Regulations, specifically the requirements for advertising and selection. The distinction between section 12A and permanent appointments was emphasized, and the court held that the reference to section 9 in the first applicant's contract was a mistake. The Premier was entitled and obliged to reverse the unlawful appointments under section 5(7) of the Act, as the decision was based on an error of law and it was in the publi…
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Dominican Sisters of the Congregation of St Catherine of Siena of King Williamstown v Nyamfu and Another (3936/09) [2010] ZAECGHC 35 (24 May 2010)
The court found that the respondents were unlawful occupiers under PIE, as the suspensive conditions of the sale agreement were not fulfilled and the respondents failed to pay occupational rent. The property was presumed to fall under ESTA, but the respondents were excluded from ESTA protection because their use of the property was commercial in nature, as evidenced by the sale of produce and operation of a tuck shop. The applicant did not waive its right to evict, nor was estoppel applicable, as there was no representation acted upon to the respondents' detriment. The court considered the in…
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