Civil Procedure — Exception — Cause of action — Plaintiffs alleging breach of oral agreement for security services — Defendants raising exceptions based on non-compliance with Private Security Industry Regulation Act (PSIRA) and failure to plead quantifiable loss — Court finding that plaintiffs failed to disclose a valid cause of action due to lack of compliance with statutory requirements and insufficient particulars in the claim — Exceptions upheld.
Suretyship — Business loan — Default — Applicant seeking money judgment and order for special execution against property — Respondent requesting postponement to rehabilitate performance — Court granting postponement based on respondent's assurance of ability to service a mortgage bond — Execution against property potentially avoidable through restructuring of loan repayment terms.
Civil Procedure — Summary judgment — Application for summary judgment refused — Defendant disclosing bona fide defence raising triable issues — Plaintiff's claim based on interrelated agreements including loan and indemnity — Prescription of debt raised as defence — Court finding that issues of contractual interpretation and prescription are triable and should be determined at trial.
Administrative Law — Execution pending appeal — Section 18(3) of the Superior Courts Act — City of Johannesburg appealing against order allowing execution of review order pending appeal — Court finding that exceptional circumstances existed justifying execution — City failing to demonstrate irreparable harm if execution granted — Appeal dismissed with costs.
Administrative Law — Leave to appeal — Application for leave to appeal against order for transfer of inmate to medium security facility — Respondents contending unlawful change in security classification — Court finding no reasonable prospect of success on appeal and no compelling reasons to hear the appeal — Application for leave to appeal dismissed with costs.
Civil Procedure — Exception — Vague and embarrassing pleadings — First defendant excepting to plaintiff's amended particulars of claim on grounds of vagueness and lack of necessary averments — Court finding that the particulars of claim contained sufficient facta probanda to establish a cause of action — Exception dismissed with costs.
Delict — Road Accident Fund — Liability — Plaintiff claiming damages for injuries sustained in a motor vehicle collision — Court evaluating evidence to determine negligence — Plaintiff's inconsistent testimony and failure to establish negligence of the insured driver leading to dismissal of claim — Plaintiff found to be prima facie negligent due to excessive speed and potential intoxication.
Contract — Agency — Summary judgment — Plaintiff seeking summary judgment for recovery of rental income collected by defendants on his behalf — Defendants initially denying allegations but later claiming arrangement constituted a loan under the National Credit Act — Court finding that the arrangement was not a loan but an agency relationship, with defendants acting as administrators of rental income — Summary judgment granted in favor of the plaintiff for the outstanding amount.
Civil Procedure — Review — Rule 53(1)(b) — Application to compel production of original record for review of tender decision — First respondent disqualified applicant's bid as non-responsive — Applicant disputes disqualification and seeks original record — Court finding that Rule 30A notice not required for self-contained rule — Original record must be produced, not a copy — Application granted with costs on Scale B.
Administrative Law — Parole Review — Applicant serving life sentence for murder and robbery with aggravating circumstances seeks review of Minister's decision to deny parole — Minister's decision based on recommendations from the National Council for Correctional Services (NCCS) — Court finding that the applicant was not entitled to make representations to the NCCS or the Minister — Decision upheld as compliant with legal principles and not irrational or procedurally unfair.
Administrative Law — Disciplinary proceedings — Urgent application for interdict against disciplinary hearing — Applicant dismissed in absence during hearing — Court finding that requirements for interim relief not satisfied due to availability of alternative remedies and lack of irreparable harm — Application dismissed.
Labour Law — Review of arbitration award — Application to review and set aside CCMA award regarding constructive dismissal — Applicant claiming he was forced to resign under duress — Court finding that the applicant voluntarily resigned after being given a choice between resignation and disciplinary action — No evidence of intolerable working conditions established — Award upheld as the applicant failed to prove dismissal.