High Court Archives

High court proceedings: Pleadings joinder costs

by GilesFiles | Nov 29, 2021 | 2020 +, amicus curiae, Applications, Cause: general, Common Law, Courts, Declaratory, Endumeni Municipality case, Evidence and onus, Exceptions/special pleas, High Court, High Court judges, Interpretation and application, irregular proceeding, Joinder of parties, Judges, Legal Practice, Orders, Orders re costs, Parties, Plascon-Evans rule, Private enterprises, Rules, Sectors, Special pleas, Topics, Uniform High Court | 0 |

Hlophe JP v Freedom Under Law In considering the nature and effect of proceedings in the high court a full bench confirmed that in none of the cited judgments is an affidavit equated to a pleading. “The common thread...

Disclosing taxpayer information: Balancing conflicting interests

by GilesFiles | Nov 16, 2021 | 2020 +, Access to information, Applications, Bill of Rights, Central, Common law review, Courts, Declaratory, Exceptions/special pleas, Government, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legality principle, Legislation, Orders, Orders re costs, Organs of state, PAJA 2000, Parties, Protection of Personal Information, Review tests, Sectors, Special pleas, Specific performance, Topics | 0 |

Arena Holdings (Pty) Ltd v SARS (Jacob Zuma) High court dealt with a dispute concerning disclosing taxpayer information and ordered SARS to disclose the tax returns of the former president for the 2010 to 2018 tax years after...

Twiddling thumbs decried: LPC ordered to report

by GilesFiles | Nov 4, 2021 | 2020 +, Associations & corporate bodies, Cause: statute, Common Law, Courts, High Court, High Court judges, Judges, Legal Practice, Legal practitioners, LRA Chpt: 7: s112-184 Dispute resolution, Orders, Orders re costs, Parties, Personal services, Review tests, Rules, Sectors, Termination & dismissal (LRL 8), Topics | 0 |

Legal Practice Council v Van Wyk Twiddling thumbs by LPC decried by high court which stated at “70. As a result, it has unfortunately become necessary for the Court, in the exercise of its powers in matter such as these to...

Class action appeal: High court refuses leave

by GilesFiles | Nov 3, 2021 | 2020 +, appeal, Applications, Cause: statute, Common Law, Courts, Finance, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, leave to appeal, Legal Practice, Non-profit organisations, Orders, Orders re costs, Parties, Refused, Sectors, Topics, Universities and schools | 0 |

Stellenbosch University Law Clinic v Lifestyle Direct Group International (Pty) Ltd High court refused leave to appeal in class action application and concluded that the interests-of-justice consideration which underpins s173 of...

School admission policy: Delimiting feeder zone

by GilesFiles | Oct 26, 2021 | 2020 +, A.G. Binns-Ward, Applications, Bill of Rights, Biowatch principle, Common Law, Common law review, Courts, Declaratory, Employment equity, Evidence and onus, Exceptions/special pleas, High Court, High Court judges, Interdicts and rule nisi, Interpretation and application, Judges, Legal Practice, Management, Mootness, Orders, Orders re costs, Parties, Plascon-Evans rule, Policies - strategies - tactics, Refused, Review tests, Sectors, Topics, Universities and schools | 0 |

Hesewu v SGB, Sunningdale Primary School School admission policy considered by high court and it was decided that the “applicants’ challenge to the first respondent’s admissions policy was so lacking in substance that it...

Levy clearance certificate: Refusal to issue?

by GilesFiles | Oct 20, 2021 | 2020 +, appeal, Appeals, Body corporates, Cause: statute, Common Law, Community housing schemes, Courts, Evidence and onus, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Orders re costs, Parties, Plascon-Evans rule, Refused, Sectors, Topics | 0 |

Body Corporate Marsh Rose v Steinmuller By a majority decision a full bench of the high court decided that the body corporate could not refuse to issue a levy clearance certificate because inter alia the liability for levies is...

Discovering restraint documents: Uniform Rule 35 notice

by GilesFiles | Oct 14, 2021 | 2020 +, appeal, Appeals, Applications, Cause: statute, Common Law, Condonation, Courts, Declaratory, Evidence and onus, Granted, High Court, High Court judges, Interpretation and application, Judges, leave to appeal, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Refused, Rules, Sectors, Topics, Uniform High Court | 0 |

Baard v Allem On appeal a full bench of the high court considered an issue relating to discovering documents concerning a trade restraint and decided that there was no basis to interfere with the discretion exercised by the...

Claiming defamatory process: Proper factual basis

by GilesFiles | Oct 13, 2021 | A.G. Binns-Ward, Amending pleadings, Applications, Bill of Rights, Cause: delict, Common Law, Courts, Dignity equality freedom, Dispute Resolution (LRL 3), Evidence and onus, Evidentiary burden, Exceptions/special pleas, Government, High Court, High Court judges, Judges, Labour Relations, Legal Practice, Municipal, Orders, Organs of state, Parties, Rules, Sectors, Special pleas, Topics | 0 |

Joseph v City of Cape Town In upholding various exceptions to the pleaded case claiming a defamatory disciplinary process the high court decided that the pleading falls signally short of compliance with Uniform Rule 18(10),...

Reviewing senior appointment: Preferred job requirements?

by GilesFiles | Oct 4, 2021 | 2020 +, Applications, Bill of Rights, Cause: general, Common Law, Courts, Dignity equality freedom, Dispute Resolution (LRL 3), Evidence and onus, Government, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Labour Relations, Labour Relations Act 1995, Legal Practice, Legislation, Municipal, Orders, Orders re costs, Organs of state, Parties, Review tests, Rules, Sectors, Statutes (LRL 2) - work law, Topics | 0 |

George Municipality v Van Staden The George municipality sought the reviewing and setting aside of the appointment of a senior manager in March 2017 because of a directive from the public protector but the high court declined to...

Levy clearance certificate: Dissent – refusal to issue?

by GilesFiles | Sep 24, 2021 | 2020 +, appeal, Appeals, Body corporates, Cause: statute, Common Law, Community housing schemes, Courts, Evidence and onus, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Orders re costs, Parties, Plascon-Evans rule, Refused, Sectors, Topics | 0 |

Body Corporate Marsh Rose v Steinmuller The dissenting judgment in dealing with the issue of a levy clearance certificate was of the view that “the real issue in this appeal is whether a Body Corporate can be compelled to...

Compromise erroneously concluded: Ultra vires statute

by GilesFiles | Sep 23, 2021 | 2020 +, appeal, Appeals, Body corporates, Cause: regulations, Cause: statute, Common Law, Community housing schemes, Courts, Declaratory, High Court, High Court judges, Judges, Legal Practice, Orders, Orders re costs, Parties, Refused, Sectors, Topics | 0 |

Z v Body Corporate of Selma Court Compromise erroneously concluded because the language used in section 3(1)(c) of the STSMA “imposes a positive obligation on the body corporate to collect levies and contributions – the...

Levy clearance certificate: Refusal to issue?

by GilesFiles | Sep 23, 2021 | 2020 +, appeal, Appeals, Body corporates, Cause: statute, Common Law, Community housing schemes, Courts, Evidence and onus, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Orders re costs, Parties, Plascon-Evans rule, Refused, Sectors, Topics | 0 |

Body Corporate Marsh Rose v Steinmuller By a majority decision a full bench of the high court decided that the body corporate could not refuse to issue a levy clearance certificate because inter alia the liability for levies is...

Category: High Court