Category: High Court

Class action certified: Coupled with interim relief

Stellenbosch University Law Clinic v Lifestyle Direct Group International (Pty) Ltd Class action certified by high court after recalling the history and development of the concept in theory and practice both in the USA and South...

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Adjudication statutory appeal: Claim outside jurisdiction

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Valid customary marriage: Lobola and other formalities

T v K High court had regard to all the factors for a valid customary marriage and considered that there was no room for the argument made on behalf of the defendant that his (voluntary) absence from the wedding ceremonies was a...

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Arbitration agreement disputed: Jurisdiction and powers?

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Arbitration costs disputed: Absence of agreement

Bike Mob (Pty) Ltd v Arbitrator [Capitalgro (Pty) Ltd] Arbitration costs disputed and various interlocutory skirmishes fizzled out at the start of the hearing and both counsel agreed that the high court was only required to...

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Self-review application: PAJA or legality?

ICT-Works (Pty) Ltd v City of Cape Town Self-review application considered by high court and decided inter alia in para [99] that ‘ Justice and equity dictate that the City should not benefit from its unreasonable delay...

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Appealing adjudicator order: Management rules interpreted

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Conduct rule disputed: Bypassing Ombud?

Heathrow Property Holdings No 33 CC v Manhattan Place Body Corporate In considering a disputed conduct rule the high court decided that in ‘each instance a litigant will have to make out good cause for why a dispute which...

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Irrational illegal investigation: Protected disclosures?

Cawe v Public Protector of RSA In deciding that the investigation was not only irrational and illegal the high referred to the Public Protector’s claim that her power and jurisdiction justify extraordinary relief on the...

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Shall means may: Contextual construction necessary

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Municipal manager reinstated: Appointment letter clear

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Defamatory statements penalised: Lawyer protected

Katz v Welz (Chaucer Publications) Defamatory statements made and published concerning a prominent attorney penalised in an action for damages which is one that seeks to protect the personal rights of persons, including the...

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