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Administrative Law — Review of administrative action — Application to review decision of National Commissioner to invoke section 112 of the Correctional Services Act — Applicant sought to set aside decision appointing temporary manager at Mangaung Correctional Centre — Respondents contended decision was not administrative action or, alternatively, was procedurally fair — Court held that the decision constituted administrative action under PAJA, and the lack of prior notice or opportunity to make representations rendered it procedurally unfair, warranting review and setting aside of the decision.
Land Law — Eviction — Leave to appeal — Applicants seeking leave to appeal against dismissal of eviction application — Court finding no reasonable prospects of success but compelling reasons for appeal exist — Legal questions regarding community consent under IPILRA, relocation agreements, and ESTA eviction proceedings deemed significant for broader implications on mining rights and community rights.
Restraint of trade — Urgent interdict — Applicants sought to enforce a restraint of trade against the Respondent, a former employee, who accepted employment with a competitor — Respondent had signed a restraint prohibiting her from engaging with competitors for 12 months post-employment — Applicants argued that Respondent's new role involved access to confidential information that could harm their business — Respondent contended her role was non-competitive and did not involve the use of confidential information — Court held that the Applicants established urgency and the likelihood of harm from the Respondent's continued employment, thus enforcing the restraint until its expiry.
Wills — Validity of will — Application for declaration of copy of will as deceased's last will and testament — Deceased's life partner seeks to have a copy of the will dated 27 November 2018 accepted for estate administration — Original will lost — Opponents argue non-compliance with Wills Act formalities and lack of intention to revoke prior wills — Court finds no genuine dispute of fact requiring oral evidence, hearsay evidence admissible — Copy of will declared valid, fulfilling requirements of the Wills Act.
Delict — Road Accident Fund — Quantum of damages — Plaintiff claiming damages for loss of earnings and general damages following a motor vehicle accident — Court finding that plaintiff established past and future loss of income and general damages on balance of probabilities — Total damages awarded amounting to R3 269 216.00, including future medical expenses and costs of expert witnesses.
Guardianship — Interim guardianship — Application for interim guardianship of minor children pending forensic investigation — Applicant seeks supervised contact for respondent and drug testing — Respondent opposes application and seeks regulated contact and maintenance — Parties in non-marital relationship with children of different biological parentage — Allegations of volatile conduct and substance abuse by respondent — Court finds serious allegations against applicant unsubstantiated and highlights controlling behavior — Application for interim guardianship granted to applicant, with conditions for supervised contact and testing for respondent.
Rescission of Judgment — Default judgment — Application for rescission of default judgment granted against intermediary — Applicants not notified of application despite being parties affected — Default judgment regulating disputed payment stream without their input — Court held that applicants were entitled to be heard prior to the granting of the judgment, rendering it erroneously sought and granted in their absence.
Execution — Application to suspend court order — Applicant withdrew application shortly before hearing — Respondent opposed withdrawal and sought dismissal with costs — Court exercised discretion under Rule 41(1)(a) to dismiss application and awarded punitive costs. The applicant, Junaid Beckles, sought to suspend a court order in favor of SB Guarantee Company regarding a warrant of execution against his mortgaged property. The applicant failed to file necessary documents and withdrew the application shortly before the hearing, a pattern of conduct previously observed. The court, noting the applicant's repeated behavior and the resulting prejudice to the respondent, dismissed the application with costs on an attorney and client scale.
Insolvency — Provisional sequestration and winding-up — Applications for provisional orders granted following unsuccessful execution of judgment debt — Subsequent payments made by respondents raising dispute over legal effect and creditor status — Court required to determine implications of payments post-provisional orders and the doctrine of concursus creditorum — Holding that once provisional orders were granted, the rights of creditors became fixed, and the proceedings must consider the collective interests of all creditors, thus allowing the continuation of insolvency proceedings despite payments made.
Companies — Name disputes — Application for name change — Applicant contending that the First Respondent's name is confusingly similar to its registered trademark "FOOD LOVERS" — First Respondent does not oppose the application — Tribunal finds that the First Respondent's name misleads the public into believing it is associated with the Applicant — First Respondent ordered to change its name to one that does not incorporate "FOOD LOVERS" and to file an amendment within 60 days, failing which the Companies and Intellectual Property Commission is directed to change the name.
Labour Law — Review of arbitration award — Jurisdictional challenge — Applicant sought to review arbitration award on grounds of CCMA's lack of jurisdiction due to employees' failure to seek condonation for the delay in referring an unfair discrimination dispute — Employees became aware of the alleged discrimination in 2017 but only applied for condonation for a 64-day delay from September 2021 — Court held that the arbitrator should have required a supplementary condonation application for the unexplained four-year delay, rendering the award reviewable and set aside.
Leave to appeal — Corporate veil — Application for leave to appeal against judgment declaring third and fourth respondents jointly liable with first and second respondents for debts owed — Applicants contending that the court erred in accepting allegations as established facts without proper consideration of the Plascon-Evans Rule — Court finding that the orders were justified based on the evidence presented — Application for leave to appeal dismissed with costs.