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Appeal — Leave to appeal — Refusal of leave to appeal — Appellant sought leave to appeal against a decision of the court below — Court found that the appeal had no reasonable prospect of success and no compelling reasons existed for the appeal to be heard — Leave to appeal refused with costs.
Discrimination — Unfair discrimination — Allegation of unfair discrimination in employment — Plaintiff applied for position but claimed discrimination without specifying grounds — Court found no evidence of arbitrary differentiation or unfair treatment impacting dignity or equality — Claim dismissed.
Labour Law — Business Rescue — Jurisdiction of Labour Court — Appeal against Labour Court's declaration of unlawfulness of disciplinary proceedings against employee during business rescue — Appellant contending that Labour Court lacked jurisdiction due to section 133(1) of the Companies Act imposing a moratorium on legal proceedings — Respondent arguing that relief sought was not a claim against the company’s property — Holding that the Labour Court lacked jurisdiction to entertain the proceedings as they were subject to the statutory moratorium under section 133(1) of the Companies Act, which applies broadly to all legal proceedings against a company in business rescue.
Road Accident Fund — Quantum — Loss of earnings — Plaintiff, aged 36, employed as an Earthmoving Equipment Mechanic, sustained serious injuries in a motor vehicle collision, resulting in permanent restrictions to sedentary work and dependency on sympathetic employment. Pre-accident gross income was R71 983.19 per month; post-accident gross income was R76 896.97 per month. Court accepted a pre-accident future contingency of 15% and increased post-accident future contingency from 25% to 40% due to the plaintiff's compromised earning capacity and reliance on sympathetic employment. Award of R6 887 292 granted, with general damages and past medical expenses postponed sine die. Costs on Scale C.
Administrative Law — Tender Review — Validity of Tender Award — Applicant challenging the award of a tender to Ultimate Waste on grounds of procedural irregularities, including the failure to obtain consent from all bidders for an extension of the tender validity period — Court finding that the tender process was unlawful due to non-compliance with the requirement for unanimous consent — Award set aside and the matter referred back for proper adjudication.
Eviction — Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 — Appellant sought eviction of first respondent from state-subsidized property (RDP house) allocated to him by the municipality — First respondent claimed ownership based on alleged purchase from appellant's parents — Magistrate dismissed eviction application, ruling that provincial government was the lawful owner due to appellant's non-occupation — Appeal upheld, finding that registered title deed conclusive proof of ownership and that section 10A(3) of the Housing Act does not automatically divest ownership — Court held that appellant had locus standi to seek eviction and that first respondent was an unlawful occupier, ordering her to vacate the property.
Chieftaincy Dispute — Appeal — Section 18 of the Superior Courts Act — First respondent obtained an interdict against the first appellant from portraying as chief of Makonde village, leading to an appeal by the appellants. The court a quo ordered the interdict to be executable despite the pending appeal. The appellants contended that they were not required to apply for condonation for the late prosecution of their appeal under section 18(4). The court held that while the right to appeal is automatic, the appellant must still act with urgency to prosecute the appeal, and the court must deal with the appeal as a matter of extreme urgency.
Property Law — Mandament van spolie — Applicant sought restoration of possession of immovable property after being unlawfully denied access by respondents — Applicant established peaceful and undisturbed possession and unlawful deprivation thereof — Respondents' claims of repudiation and proposed exit agreement irrelevant to spoliation enquiry — Court ordered immediate restoration of possession and access to property, with costs awarded to the applicant.
Leave to appeal — Section 18(3) of the Superior Courts Act — Application for leave to appeal the refusal of relief under section 18(3) following a spoliation judgment — Applicant claimed peaceful possession of a portion of the Gamsberg mine, which was allegedly despoiled by the respondents — Court granted leave to appeal the spoliation judgment but refused relief under section 18(3) — Applicant contended that the loss of liens due to mining operations constituted irreparable harm — Court held that the applicant failed to demonstrate reasonable prospects of success on appeal regarding the irreparable harm claimed and dismissed the application for leave to appeal.
Court Procedure — Virtual Hearings — Default mode of hearings in physical court, with judges permitted to conduct hearings virtually — Litigants required to confirm hearing format with the presiding judge's secretary — Secretary responsible for creating and circulating video-link for virtual hearings.
Interim Orders — Rule Nisi — Execution of interim order — Applicant seeking interim payment pending finalization of rescission application — Court finding that execution of interim order would affect pending litigation — Interim order varied to suspend execution — Court emphasizing the necessity of balancing rights and interests in granting interim relief.