South Africa Case Law

Emfuleni Local Municipality and Another v Eskom Holdings SOC Ltd and Others (104254/2024)

Emfuleni Local Municipality and Another v Eskom Holdings SOC Ltd and Others (104254/2024) [2024] ZAGPPHC 1138 (11 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

104254/2024

Judge

Neukircher

The court found that National Treasury had not terminated Emfuleni's participation in the National Debt Relief Program, as confirmed by Treasury's communication on 23 September 2024. Accordingly, Eskom was not entitled to enforce historical debt judgments or attach Emfuleni's bank accounts while the municipality remained a participant. The attachment caused ongoing irreparable harm by preventing Emfuleni from fulfilling statutory and constitutional obligations. The requirements for a stay of execution were met, as real and substantial injustice would result if the writ was not suspended pendi…

Source excerpt

• Municipal Debt Relief Programme
• Stay Of Execution
• Writ Of Attachment
• Constitutional Obligations Of Municipalities
• Intergovernmental Dispute Resolution
• Contempt Of Court

Minister of Agriculture, Land Reform and Rural Development and Another v D & M Mabunda Incorporated and Another (658/2021)

Minister of Agriculture, Land Reform and Rural Development and Another v D & M Mabunda Incorporated and Another (658/2021) [2023] ZAMPMBHC 14 (27 February 2023)

Court

Mbombela High Court, Mpumalanga

Case number

658/2021

Judge

H W Sibuyi

The High Court stayed execution of an over-specific writ, ordered release of attached property, and granted urgent relief pending rescission proceedings.

• Stay Of Execution
• Rescission Of Judgment
• Writ Of Attachment
• Interim Interdict
• Uniform Rules Of Court
• Stay-of-execution

Kufan Trust and Others v ABSA Bank Limited (3656/2021)

Kufan Trust and Others v ABSA Bank Limited (3656/2021) [2023] ZAWCHC 43 (1 February 2023)

Court

Western Cape High Court, Cape Town

Case number

3656/2021

Judge

Ralarala

The High Court dismissed an application to set aside a writ of attachment over immovable property, holding that registrar errors were immaterial and did not invalidate execution.

• Writ Of Attachment
• Variation Of Court Order
• Service Of Process
• Settlement Agreement Enforcement
• Writ-of-attachment
• Execution-proceedings

M.H v C.A.H (342/2018)

M.H v C.A.H (342/2018) [2023] ZAECMKHC 10 (12 January 2023)

Court

Eastern Cape High Court, Makhanda

Case number

342/2018

Judge

Rugunanan

The High Court dismissed an urgent application to stay execution of a writ attached to a maintenance order, finding no clear right and no proper basis for interdictory relief.

• Stay Of Execution
• Maintenance Order
• Contempt Of Court
• Writ Of Attachment
• Stay-of-execution
• Maintenance-order

Fraser Solar GMBH v Trans-Caledon Tunnel Authority and Others (2020/33700; 2021/35990)

Fraser Solar GMBH v Trans-Caledon Tunnel Authority and Others (2020/33700; 2021/35990) [2021] ZAGPJHC 834 (29 December 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2020/33700; 2021/35990

Judge

S Yacoob

The High Court held Fraser Solar’s urgent contempt application was not urgent, found no clear breach of court orders, and awarded costs against it.

• Contempt Of Court
• Arbitral Award Enforcement
• Urgent Interdict
• Writ Of Attachment
• Contempt-of-court
• Urgent-application