Interdict — Interim relief — Ownership dispute over steam train locomotive — Applicant seeking to restrain Respondent from using locomotive pending final determination of ownership — Court granting interdict against all forms of use, including commercial, until ownership issue resolved — Balance of convenience favoring Applicant's request for interim relief.
Electoral Law — Municipal Elections — Timetable compliance — Political party seeking exemption from deadline for candidate nominations — Application dismissed as incompetent — Electoral Commission's refusal to amend timetable lawful and rational — Strict adherence to deadlines necessary to ensure free and fair elections.
Family Law — Divorce — Transfer of proceedings — Application for transfer of divorce action from Bloemfontein to Western Cape — Applicant claiming relocation due to domestic violence and best interests of minor child — Court finding that applicant failed to demonstrate good cause for transfer — Application dismissed with costs.
Winding-up — Application for winding-up — Non-compliance with section 346 of the Companies Act 61 of 1973 — Applicant failed to provide a master’s certificate of security and to serve the application on required parties — Application dismissed for lack of compliance with statutory requirements — Costs awarded on Scale B. The applicant, Keamogetswe Moumakwe Trading CC, sought a winding-up order against E K Construction and All General Trading CC based on an alleged debt of R4,327,753.50 for subcontracting work. The first respondent opposed the application, asserting that the applicant had not complied with the security and service requirements mandated by the Companies Act. The legal issue was whether the applicant's failure to comply with the statutory requirements warranted the dismissal of the winding-up application. The court held that the application was dismissed due to the applicant's non-compliance with section 346, specifically the absence of a master’s certificate and insufficient proof of service to the required parties.
Labour Law — Settlement Agreement — Application to make First Agreement an order of Court — Applicants, former employees, sought to enforce a settlement agreement from January 2022 — Respondent contended that a subsequent agreement from May 2022 terminated their employment and rendered the First Agreement obsolete — Court found that the Second Agreement governed the applicants' position, as it explicitly terminated their employment and provided for severance — Application dismissed as the First Agreement was no longer applicable and incapable of practical compliance.
Leave to appeal — Application for leave to appeal against judgment — Applicant alleging numerous grounds for appeal, primarily challenging findings of fact — Court finding no new issues raised and that applicant failed to meet the threshold for leave to appeal as set out in section 17 of the Superior Courts Act — Application for leave to appeal dismissed.
Appeal — Leave to appeal — Application for leave to appeal against judgment of High Court — Applicant failing to demonstrate that another court would reach a different conclusion — No compelling reasons presented for the appeal to be heard — Application for leave to appeal dismissed with costs awarded to the Respondent.
Constitutional Law — Education — Constitutional challenge to provisions of the Western Cape Provincial School Education Amendment Act 4 of 2018 — Appellants contending that provisions establishing collaboration schools, donor funded public schools, and intervention facilities infringe rights to basic education and collective bargaining — Court finding no conflict with the South African Schools Act 84 of 1996, and that the provisions operate in parallel — Appeals dismissed.
Labour Law — Review of arbitration award — Department of Correctional Services seeking urgent stay of enforcement of arbitration award pending review — Jurisdiction of Labour Court to entertain application questioned — Court finding that review application, although archived, continues to exist until reinstated — Urgency established as imminent sale in execution of DCS's assets would cause irreparable harm — Application for stay granted pending determination of review.
Administrative Law — Judicial review — Municipal procurement process — Applicant challenging disqualification from tender for prepayment electricity vending system — Court considering adequacy of reasons for disqualification, alleged material mistake of fact, and failure to seek clarification — Decision maker's identity and procedural compliance under scrutiny — Court finding that the applicant was not adequately informed of the reasons for disqualification and that the decision-making process was flawed, leading to the setting aside of the disqualification.
Executorship — Appeal — Suspension of order — Applicant removed as Executrix and seeking to appeal — First respondent appointed as Executrix during appeal process — Court determining that the lodging of the appeal automatically suspends the principal order in terms of section 18(1) of the Superior Courts Act — Letters of Executorship issued to the first respondent set aside pending the outcome of the appeal.
Delict — Road Accident Fund — Claim for damages — Plaintiff injured while alighting from taxi driven by insured driver — Court finding insured driver 100% negligent — Plaintiff's injuries resulting in diminished earning capacity — Court applying higher contingency deductions due to lack of reliable income proof — Award of damages for future loss of earnings calculated at R212 522.00