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Delict — Assault — Liability of employer for acts of employees — Plaintiff sought damages for assault by defendant's security guards — Plaintiff detained and assaulted while handcuffed in guardhouse — Security guards failed to protect plaintiff from subsequent assault by students — Legal issue of whether the employer is vicariously liable for the actions of its employees — Court held that the defendant was liable for the assault as the security guards were acting within the course and scope of their employment and had a duty to protect the plaintiff.
Personal Injury — Police Liability — Plaintiffs shot with rubber bullets during service delivery protests — Claims for damages against the Minister of Police — Onus on defendant to prove justification for use of force — Self-defence, necessity, and voluntary assumption of risk not established — Court finds police action unjustified and awards damages to plaintiffs.
Administrative Law — Electricity Supply — Disconnection of electricity supply without prior notice — Applicant seeking interim order against municipality for unlawful disconnection — Respondents claiming notice was served by leaving it at the premises — Court finding that the applicant has locus standi to challenge the disconnection and that the respondents failed to comply with the notice requirements as per the relevant By-Laws — Interim order confirmed and made final.
Subpoena duces tecum — Interim interdict — Applicant seeks to interdict bank from complying with subpoena pending application to set it aside — First respondent argues relief is incompetent based on precedent regarding magistrates' courts — Court finds that the interdictory relief sought is competent as it does not contravene existing court orders and is necessary pending the determination of the application to set aside the subpoena.
Property Law — Sale agreements — Application to set aside sale agreements for immovable properties — Applicant, the MEC for Human Settlements KZN, sought to set aside sale agreements entered into by the first and second respondents with the third respondent for properties owned by the KwaZulu-Natal Department of Housing — Legal issue whether the sale agreements were valid given the Department's ownership and lack of consent — Court held that the sale agreements were unlawful and set them aside, interdicting the fifth respondent from transferring the properties without the applicant's authorization.
Administrative Law — Locus standi — Urgent application for restoration of electricity supply — Applicant claiming unlawful disconnection without prior notice — Respondents asserting lack of locus standi and compliance with By-Laws — Court finding applicant has standing as lawful occupier — Respondents failed to provide adequate notice as required by the By-Laws — Disconnection declared unlawful and order for reconnection granted.
Labour Law — Leave to appeal — Application for leave to appeal against judgment ordering reinstatement of employee following dismissal for positive cannabis test — Applicant contending that arbitrator exceeded powers and misapplied legal principles regarding zero-tolerance policy and proof of impairment — Court assessing whether arbitrator's decision was reasonable and supported by evidence — Holding that the arbitrator's findings were not unreasonable, and leave to appeal was denied as no reasonable prospect of success was demonstrated.
Family Law — Custody and relocation — Application for return of children to Gauteng — Applicant contending unilateral relocation by respondent in breach of parental rights — Respondent asserting need for support and better environment for children in Eastern Cape — Court assessing urgency of application and best interests of children — Application deemed urgent despite delays — Best interests of children paramount, with consideration of their current well-being and stability in new environment.
Contract — Settlement agreement — Interpretation — Appeal against order of High Court regarding compliance with settlement agreement — Court a quo granting relief beyond terms of agreement — Appellants successfully arguing that order was vague and exceeded the scope of the agreement — Appeal upheld and order set aside.
Interlocutory Applications — Amendment of pleadings — Plaintiff applied for leave to amend particulars of claim; defendants opposed, alleging bad faith and abusive litigation — Amendment sought to correct an incorrect allegation in the plaintiff’s replication — Court found no evidence of bad faith or abuse of process as the amendments were uncontentious and materially different from previous notices — Defendants' application for security for costs refused due to lack of evidence of plaintiff's inability to satisfy an adverse costs order, and failure to demonstrate vexatiousness.
Maintenance — Rule 43 Application — Applicant seeking maintenance pendente lite for herself and minor child — Parties married out of community of property under accrual system — Applicant claims financial distress and unemployment following dismissal from Respondent's companies — Respondent contends he is self-employed and has faced financial difficulties due to industry changes — Court must assess the financial positions of both parties and the needs of the minor child — Respondent ordered to provide increased maintenance to meet the needs of the child and assist the Applicant during divorce proceedings.
Urgent Application — Interim interdict — Requirements of Uniform Rule 6(12) — Applicants sought urgent interdict against respondents regarding property transfer disputes stemming from complex commercial agreements — Court considered delay in launching application and whether substantial redress could be obtained at a hearing in due course — Application struck from the roll with costs, including costs of two counsel, for failure to meet peremptory requirements of Rule 6(12)(b).