High Court Archives | GilesFiles

Remote hearing refused: Microsoft Teams or Zoom

by GilesFiles | Aug 7, 2020 | 2020, Applications, Courts, High Court, High Court judges, Judges, Legal Practice, Orders, Parties, Postponements, Rules and practice manuals, Topics | 0 |

Union-Swiss (Pty) Ltd v Govender (Royal Brighton) Remote hearing refused by High Court after considering various directives and some case law from Canada and Australia mainly because the plaintiff was unable to show why the...

Occupier defined explained: Clash – ESTA and PIE

by GilesFiles | Aug 4, 2020 | 2020, A.G. Binns-Ward, Appeals, Applications, Cause: statute, Common Law, Courts, Eviction/ejectment, Granted, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Orders, Parties, Private enterprises, Property, Sectors, Topics, Trustees | 0 |

Droomer NO v Snyders Full bench considered the jurisdictional issues and the possible conflict and overlapping caused by the provisions of the PIE Act and ESTA and respondents only qualified as ‘occupiers’ if their occupation...

Case management directions: Postponement separation and discovery

by GilesFiles | Jul 31, 2020 | 2020, A.G. Binns-Ward, Amending pleadings, Applications, Banks, Cause: delict, Common Law, Courts, Evidence and onus, High Court, High Court judges, Judges, Legal Practice, Orders, Parties, Rules and practice manuals, Sectors, Topics | 0 |

Investec Bank Ltd v O’Shea NO High Court discussed case management directions and stressed that a ruling in terms of Uniform Rule 33(4) should be made by the judge and the legal representatives concerned only after very...

Formidable appeal threshold: Would not might

by GilesFiles | Jul 29, 2020 | 2020, 2020, appeal, Appeals, Applications, Courts, Dunstan Mlambo, Government - central, High Court, High Court judges, Judges, Jurisdiction and powers, Landmark judgments, Legal Practice, Orders, Parties, Refused, Sectors, Topics | 0 |

Democratic Alliance v President of RSA Full bench of the High Court considered the formidable appeal threshold which now exists in sec 17(1)(a) of the Superior Courts Act 10 of 2013 and that before concluding that there are...

Audit report findings: Transfers and subsidies

by GilesFiles | Jun 8, 2020 | 2020, Courts, Dispute Resolution (LRL 3), High Court, High Court judges, Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Parties, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

MEC: Economic Opportunities, Western Cape v Auditor General of SA In reviewing and setting aside audit report findings the High Court decided that ‘constitutional principles of reliance and rationality do not permit...

Excising complainant name: Report scurrilously attacked

by GilesFiles | Jun 7, 2020 | 2020, Courts, High Court, High Court judges, Judges, Legal Practice, Legality principle, Parties, Review tests, SOEs (State Owned Enterprises), Topics | 0 |

Matlou v SABC Applicant failed to take High Court into his confidence by not disclosing the true facts regarding his appointment and qualifications and his attack against the report was also ‘formulated in an unduly wide...

Establishing court jurisdiction: Registered office or principal place?

by GilesFiles | May 19, 2020 | 2020, Applications, Cause: statute, Common Law, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legislation, OL Rogers, Orders, Rules and practice manuals, Special pleas, Topics, Uniform High Court | 0 |

Mfwethu Investments CC v Citiq Meter Solutions (Pty) Ltd Establishing court jurisdiction requires proof that registered office falls within area after gathering information registered with the CIPC, rather than trying to prove...

Accountability responsiveness openness: Values and duties

by GilesFiles | May 15, 2020 | 2020, Applications, Bill of Rights, Courts, Declaratory, Dignity equality freedom, Government - central, Granted, Hans Fabricius, High Court, High Court judges, Interdicts and rule nisi, Judges, Jurisdiction and powers, Legal Practice, Legislation, Orders, Parties, Sectors, Topics, Urgency | 0 |

Khosa v Minister of Defence and Military Veterans To ensure accountability and responsiveness and openness during state of disaster declared under the Disaster Management Act, 2002 and dealing with the conduct of security forces...

Reciprocal contractual obligations: Duty to disclose transfer?

by GilesFiles | May 6, 2020 | 2020, Applications, Bill of Rights, Cause: Bill of Rights, Common Law, Courts, Declaratory, High Court, High Court judges, Judges, Jurisdiction and powers, Legal Practice, Legality principle, Legislation, Orders, Parties, Review tests, Sectors, Special pleas, Topics | 0 |

Maoke v Telkom (Soc) Ltd (CPIC) Reciprocal contractual obligations of trust and confidence arise impliedly and have been accepted by the SCA as part of our law and in this matter the claim should have alleged that Telkom...

Summary judgment applications: New procedure considered

by GilesFiles | Apr 30, 2020 | 2020, A.G. Binns-Ward, Applications, Consumer protection, Courts, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Rules and practice manuals, Topics, Uniform High Court | 0 |

Tumileng Trading CC v National Security and Fire (Pty) Ltd Summary judgment applications must comply with the amended Uniform Rule 32 which came into effect on 1 July 2019 but the high court doubted that any signal change has...

Mine occupation unlawful: Right to food

by GilesFiles | Apr 14, 2020 | 2020, Courts, Dispute Resolution (LRL 3), High Court, High Court judges, Judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Parties, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

Numsa v Lanxess Chrome Mining (Pty) Ltd Employer was granted an interdict relating to an unlawful and unprotected strike in the form of a ‘sit-in’ underground and effectively a mine occupation, but sought an order...

Covid-19 lawyers chastised: Deprived of fees

by GilesFiles | Apr 3, 2020 | 2020, Cause: regulations, Cause: statute, Common Law, Courts, Covid-19 issues, De bonis propriis, Declaratory, High Court, High Court judges, Interpretation and application, irregular proceeding, Judges, Jurisdiction and powers, Legal Practice, Legal practitioners, Legislation, Orders, Orders re costs, Parties, philosophy / economics, Sectors, Topics | 0 |

Administrator of Dr J S Moroka Municipality v Kubheka COVID-19 Lawyers chastised for failing to produce the necessary permits ito the regulations and directives which caused the acting judge to deny them their fees and charges...

Category: High Court