Execution — Stay of execution — Default judgment — Applicant seeking stay of execution of a warrant of repossession following a default judgment granted by the registrar — Applicant contending that the default judgment is not a valid court order due to lack of endorsement — Court finding that the registrar's judgment is valid and capable of execution — Application for stay of execution dismissed.
Arbitration — Leave to appeal — Application for leave to appeal against judgment setting aside arbitrator's award — Court finding no reasonable prospect of success on appeal — Grounds of appeal considered and dismissed — Application for leave to appeal dismissed with costs.
Mootness — Declaratory relief — Applicant seeking declaration of unlawful removal from Executive Committee of Waenhuiskrans/Arniston Ratepayers Association — Court finding that the matter had become moot as the applicant's term expired and he did not stand for re-election — Jurisdictional requirements for declaratory relief not met — Applications for amendment and supplementary affidavit refused, and main application dismissed with costs.
Labour Law — Unfair dismissal — Review of arbitration award — Employee dismissed for theft of scrap material — Arbitrator finding dismissal substantively unfair — Labour Court dismissing employer's review application — Labour Appeal Court upholding Labour Court's decision, finding no reviewable irregularity in the arbitrator's award and confirming that the employer failed to prove the fairness of the dismissal.
Criminal Law — Murder and Rape — Accused pleading guilty to murder and rape of a minor — Court accepting guilty plea for murder but rejecting plea for rape due to lack of evidence supporting the accused's version — Court finding the accused guilty of murder and rape based on expert testimony regarding the nature of injuries — Not guilty verdict on additional charge of sexual assault due to insufficient evidence.
Labour Law — Review of arbitration award — Application to review and set aside an arbitration award finding dismissal for gross dishonesty fair — Applicant alleged failure to disclose vaccination of children without consent — No grounds for review established — Court upholding the arbitration award as reasonable and justifiable.
Labour Law — Review of arbitration award — Applicant seeking to set aside arbitration award finding dismissal substantively fair but procedurally unfair — Application for condonation for late filing of review application — Court finding applicant failed to provide satisfactory explanation for delay and prospects of success insufficient — Condonation application dismissed.
Labour Law — Review of arbitration award — Applicant seeking to set aside arbitration award for unfair dismissal — Application for condonation for late filing of review application — Court finding that applicant failed to provide satisfactory explanation for delay and did not meet the requirements for condonation — Application dismissed.
Labour Law — Leave to appeal — Application for leave to appeal against dismissal of review application — Applicant failing to meet the stringent threshold set by s 17(1)(a) of the Superior Courts Act 10 of 2013 — Court finding no reasonable prospect of success on appeal — Leave to appeal refused.
Labour Law — Review application — Re-enrolment of review application dismissed — Applicant failing to comply with procedural requirements and deadlines set by the court — No application for condonation for late filing of re-enrolment application — Court finding no effective compliance with previous orders and dismissing the application without costs.
Labour Law — Urgent application for interdict — Applicant seeking to restrain Sheriff from proceeding with sale in execution of property — Judgment obtained by employees for unpaid remuneration — Applicant alleging fraud in obtaining judgment and seeking rescission — Court assessing requirements for interim interdict, including prima facie right and balance of convenience — Court finding that underlying causa of judgment is disputed, warranting stay of execution pending determination of rescission application.
Defamation — Interdict — Applicants seeking final interdict against respondents for defamatory statements regarding alleged funding of genocide — Court finding that respondents' claims were false and defamatory — Interdict granted to prevent further defamatory statements and unlawful conduct during protests — Respondents restrained from making claims associating applicants with genocide or military conflict in Gaza.