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Spoliation — Mandament van spolie — Urgent application for restoration of possession — Applicants alleged unlawful dispossession by provisional liquidators and auctioneers — Court previously ordered restoration of possession, which was allegedly violated shortly thereafter — Legal authority of provisional liquidators questioned — Court found that applicants were unlawfully deprived of possession again after restoration, and that the actions of the respondents constituted spoliation, warranting the granting of the mandament van spolie.
Bail — Application for bail — Section 60(11)(a) of the Criminal Procedure Act 51 of 1977 — Appellant charged with schedule 6 offences including murder — Onus on appellant to demonstrate exceptional circumstances justifying release on bail — Magistrate found interests of justice outweighed personal circumstances of appellant, including health issues and family responsibilities — Appeal against bail dismissal based on alleged misdirection regarding flight risk and public safety — Court upheld magistrate's decision, emphasizing strong evidence against appellant and potential danger to witnesses if released.
Labour Law — Unlawful deductions from salary — Applicant, a Clinical Manager and trade union office-bearer, alleges unlawful deductions from his salary by respondents without consent or agreement, contravening section 34 of the Basic Conditions of Employment Act 75 of 1997 — Respondents oppose application on grounds of lack of urgency and jurisdiction — Court finds urgency established due to immediate financial prejudice caused by deductions — Jurisdictional challenge dismissed as Labour Court's exclusive jurisdiction does not apply to all claims under the BCEA — Application granted for repayment of unlawfully deducted amounts.
Criminal Procedure — Bail — Withdrawal of bail upon conviction — Applicant convicted of fraud and bail withdrawn — Court held that bail ended on conviction as per section 58 of the Criminal Procedure Act 51 of 1977 — Application for review of bail withdrawal and postponement of case dismissed. The applicant, Ms Mncube, was arrested for fraud, pleaded guilty, and was convicted of defrauding her employer of R1.4 million. Following her conviction, the magistrate withdrew her bail, prompting her to seek a review of this decision and the postponement of her case. The legal issue was whether the magistrate's decision to withdraw bail and postpone the case was reviewable. The court concluded that the withdrawal of bail was in accordance with section 58, which stipulates that bail ends upon conviction, and that the application for review was dismissed.
Attorney — Duty towards client — Settlement of claim against Road Accident Fund — Plaintiff, a minor at the time of settlement, received only R 50 000.00 of a R 1 650 000.00 settlement by the time of court appearance — Delay attributed to attorneys' failure to prioritize client’s needs and protect proceeds — Attorneys denied fees for unnecessary proceedings and undue delays. Legal issue — Whether the attorneys fulfilled their duty to the plaintiff in the timely disbursement of settlement funds and the management of the claim. Holding/Conclusion — The court ordered the defendant to pay interest on the settlement amount due to late payment and mandated the creation of a trust for the benefit of the plaintiff, emphasizing the attorneys' obligation to ensure prompt payment and proper management of the settlement proceeds.
Exception — Misjoinder and non-joinder — Plaintiff, a former employee, claims R500,000 as a gratitude gift following termination of fixed-term employment — Defendant raises exception on grounds of misjoinder, non-joinder, and lack of a contractual cause of action — Court finds that the annexure relied upon does not bind the Defendant and that the claim fails to disclose a valid contractual basis — Exception upheld on all grounds, with Plaintiff ordered to pay costs, including counsel's fees on Scale C.
Labour Law — Collective Agreements — Interpretation and application of recognition agreement — Applicant sought urgent interdict against termination of recognition agreement by respondent, claiming insufficient membership threshold for termination — Court held it lacked jurisdiction to entertain the application as disputes regarding interpretation of collective agreements must be resolved through arbitration under the Labour Relations Act — Application deemed incompetent and not urgent, as the applicant failed to act promptly following notice of termination.
Labour Law — Dismissal — Substantive unfairness — Application for relief under section 189A of the LRA — Dismissal of employees prior to commencement of consultation process — Fait accompli scenario — Court finds that fait accompli constitutes substantive unfairness. The General Workers Union of South Africa (GIWUSA) represented 26 members dismissed by Kellogg Company of South Africa (Pty) Ltd, alleging procedural unfairness in the retrenchment process. The Court concluded that the first respondent had made a decision to dismiss before engaging in meaningful consultation, resulting in substantive unfairness. Application dismissed with no order as to costs.
Leave to appeal — Interdict — Application for leave to appeal against dismissal of urgent application for final interdictory relief — Court finding that applicant failed to demonstrate reasonable apprehension of future harm or breach of non-solicitation clause — No compelling reasons for appeal established — Application for leave to appeal dismissed with costs.
Rescission of judgment — Application for rescission of default judgment — Applicant served with summons but failed to file notice of intention to defend — No reasonable explanation for default provided — Applicant bound as guarantor under sale agreement — No bona fide defence advanced — Application dismissed.
Labour Law — Review of arbitration award — Late filing of review application — Applicant sought condonation for late filing of review application against arbitration award finding dismissal substantively fair — Review application deemed withdrawn due to failure to file complete record of proceedings and non-compliance with Practice Manual — Court struck matter from roll, allowing re-enrollment only by court order.
Child Law — International Child Abduction — Retention of minor child in South Africa — Application for return under the Hague Convention — Mother’s defences of consent and grave risk — Minor child wrongfully retained in South Africa by the mother, breaching the father’s custody rights in Australia — Court finds that the mother failed to establish her defences under Article 13 of the Hague Convention — Order for the return of the minor child to Australia granted, with conditions for the return process outlined.