Category: High Court

High court proceedings: Pleadings joinder costs

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...

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Disclosing taxpayer information: Balancing conflicting interests

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...

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Twiddling thumbs decried: LPC ordered to report

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...

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Class action appeal: High court refuses leave

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...

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School admission policy: Delimiting feeder zone

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...

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Levy clearance certificate: Refusal to issue?

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...

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Discovering restraint documents: Uniform Rule 35 notice

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...

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Claiming defamatory process: Proper factual basis

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),...

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Reviewing senior appointment: Preferred job requirements?

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...

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Levy clearance certificate: Dissent – refusal to issue?

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...

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Compromise erroneously concluded: Ultra vires statute

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...

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Levy clearance certificate: Refusal to issue?

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...

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