Electricity Supply — Illegal Connections — Homeowners Association seeking interdict against homeowners for illegal electricity connections — Homeowners argue appointment of new service provider was unlawful — Court finds that the applicant's powers are limited by its founding documents and that the relief sought is not competent — Respondents not found to be engaged in unlawful activity as the applicant failed to establish a clear basis for the claim.
Employment Law — Interim relief — Urgent application for interdict against demotion — Applicant sought to review decision by state-owned entity to revert her from General Manager to Specialist Quantity Surveyor — Respondents contended that the matter fell within Labour Court jurisdiction and was not urgent — Court found that the applicant established a prima facie right and reasonable apprehension of irreparable harm, warranting urgent consideration and interim relief pending review proceedings.
Defamation — Social media — Urgent application by political leader against journalist for defamatory statements alleging corruption and unlawful enrichment — Respondent's publications widely disseminated, apology equivocal and subsequently withdrawn — Court held statements were plainly defamatory, respondent failed to justify publication, and reliance on fair comment rejected — Ongoing harm established, damages inadequate, requirements for final interdict satisfied — Order declaring statements unlawful, directing removal and interdicting further publication, with costs on attorney and client scale.
Rescission of Judgment — Application for rescission — Applicant seeking rescission of default judgment on grounds of lack of service and erroneous grant — Applicant contending he was not served with process leading to judgment and was making payments — Respondent asserting proper service and arrears justified judgment — Court finding that the Sheriff’s return of service constituted prima facie evidence of service, which the Applicant failed to rebut with clear evidence — Application for rescission dismissed.
Labour Law — Unfair dismissal — Review of dismissal ruling — Applicant's non-appearance at con/arb hearing — Ruling dismissing unfair dismissal claim set aside due to lack of proper notice. Applicant, Mr. Thabo Sesele, represented by POPCRU, sought to review two rulings from the Safety and Security Sectoral Bargaining Council: the first dismissed his unfair dismissal claim due to non-appearance, and the second denied his rescission application. The court found that Sesele had shown good cause for his non-appearance, as the set-down notice was not properly served to him or his union. The review application succeeded, and the matter was remitted for arbitration.
Land Claims — Restitution of Land Rights Act — Untraceable claimants — Application for declaratory relief regarding untraceable claimants under the Restitution of Land Rights Act 22 of 1994 — Applicants unable to locate claimants despite exhaustive efforts — Court dismissing application for relief sought, emphasizing the need for further steps to trace beneficiaries before claims can be finalized.
Criminal Law — Murder — Common purpose — Appeal against conviction for murder and assault — Appellants convicted on basis of common purpose — First Appellant found guilty of murder, second and third Appellants guilty of assault with intent to do grievous bodily harm — Evidence of cause of death unclear, with contradictions in witness testimonies — Court finds first Appellant guilty of culpable homicide instead of murder due to lack of proven intent, while second and third Appellants found not guilty due to insufficient evidence linking them to the assault.
Civil procedure — Urgent application for interim interdict — Applicant sought to interdict the demolition of non-compliant structures on its property by the City of Johannesburg — Municipality opposed the application, asserting the structures were unlawful under the National Building Regulations and Building Standards Act 103 of 1977 — Court found that the applicant failed to establish a prima facie right due to non-compliance with building regulations and failure to disclose prior enforcement actions — Application dismissed, but a structural order was crafted for the applicant to regularise the building, allowing either party to return to court in case of non-compliance.
Institution of Legal Proceedings against Certain Organs of State Act — Condonation for late notice — Plaintiff seeking damages for unlawful arrest and detention — Notice delivered 440 days late — Court finding that the late delivery cannot be condoned as the Plaintiff failed to demonstrate good cause and the notice to the Second Respondent was defective — Application for condonation dismissed.
Labour Law — Review of arbitration award — Application for review of CCMA award finding dismissal of employee substantively and procedurally unfair — Employee, a director, contended dismissal arose from refusal to sign probation confirmation after satisfactory performance assessment — Employer argued no obligation to confirm employment and that dismissal was justified — Commissioner found dismissal was not for poor performance and awarded compensation — Court held that the Commissioner’s findings were reasonable and supported by evidence, thus dismissing the application for review.
Civil Procedure — Interlocutory application — Upliftment of notice of bar — Applicant seeking costs after respondent's withdrawal of action rendered application moot — Court finding that wasted costs should be awarded to the applicant due to the respondent's failure to consent to upliftment despite knowledge of satisfaction of claims — Respondent ordered to pay wasted costs on a party and party scale.
Labour Law — Leave to appeal — Review of CCMA award — Applicant seeking leave to appeal against order remitting matter back to CCMA for fresh hearing — Court finding that grounds of appeal focused on dissatisfaction with remedy rather than core reasoning — No legal authority provided for narrow approach sought by applicant — Appeal dismissed due to lack of reasonable prospects of success.