Category: Uniform High Court

Expert evidence considered: Requirements and duties

A M v MEC Health, Western Cape Importantly the SCA has provided guidance and considered expert evidence and stressed that since 1963, when Rule 36(9) was changed,  there have been changes in how lawyers prepare expert summaries...

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Establishing court jurisdiction: Registered office or principal place?

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...

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Summary judgment applications: New procedure considered

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...

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Arbitrators’ notes privileged: Disclosure not required

Zamani Marketing and Management Consultants (Pty) Ltd v HCI Invest 15 Holdco (Pty) Ltd Arbitrators notes ‘privileged’ and high court decided that “. . . , as a general matter, the arbitrators’ notes are too...

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Conduct rules breached: Refused CSOS Act s 57 appeal

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Municipal manager appointments: Mootness

Notyawa v Makana Municipality   Municipal manager appointments examined and found that leave to appeal had to be refused because in the concurring judgment of Froneman J the issues were already moot and no purpose would be...

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Municipal manager appointments: Leave refused

Notyawa v Makana Municipality   Municipal manager appointments examined and found that leave to appeal had to be refused because there were no prospects of success and the discretion had been properly exercised by the high ...

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Balancing constitutional rights: Dignity and expression

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Ombud statutory appeal: CSOS Act s57 procedure

Stenersen and Tulleken Administration CC v Linton Park Body Corporate Ombud statutory appeal provision has resulted in considerable confusion with conflicting interpretations of CSOS s 57 by different divisions of the high court...

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Staying execution sale: Final or interim relief

SA Municipal Workers’ Union National Provident Fund v Kopanong Local Municipality    Staying execution sale was intended to be an interim order and the high court had no power to effectively create a contract for the parties...

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Executive decisions considered: Interests of justice

President of RSA v Democratic Alliance    Executive decisions considered and constitutional court refused to advise or guide the president courts should be “loath to fulfil an advisory role, particularly for the benefit of...

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Parol evidence rule: Remains part of SA law

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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