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Administrative law — Judicial review — Tender award — Appellant challenged the award of a tender for security services by the Department of Justice and Constitutional Development, alleging a material error of fact regarding pricing — The appellant contended that the tender was awarded at an incorrect price for Cluster A instead of the higher price for Cluster B — The High Court dismissed the review application, finding no reviewable irregularity — The Supreme Court of Appeal upheld the High Court's decision, concluding that the respondent did not commit a reviewable error in the tender evaluation process.
Contracts — Sale of goods — Default and recovery of goods — Absa sold vehicles to Bahwiti, who defaulted on payments; Absa sought return of vehicles. The answering affidavit from Bahwiti claimed payments were current, but the replying affidavit revealed arrears on certain vehicles. At the hearing, Absa clarified which vehicles were sought, and Bahwiti conceded arrears on those vehicles. The court found that the argument against Absa's claim, based on partial payments, was unmeritorious. The application for leave to appeal was subsequently filed by Bahwiti.
Labour Law — Leave to appeal — Application for leave to appeal against dismissal of review application — Applicant sought to review arbitration award for translation to Occupation Specific Dispensation (OSD) — Court found no reasonable prospect of success on appeal — Grounds for leave to appeal merely repetitive of previous arguments without identifying material errors — Application for leave to appeal dismissed.
Labour Law — Review Application — Application for reinstatement of review application deemed withdrawn due to non-compliance with filing rules — Applicant's delay of one year and ten months deemed excessive — Failure to provide satisfactory explanation for the delay and to utilize available remedies — Application for reinstatement dismissed.
Review — Condonation ruling — Application for condonation of late referral of unfair labour practice dispute — Applicant’s referral to CCMA 282 days late — Inadequate explanation for delay and poor prospects of success — Commissioner finding that referral was outside the 90-day period prescribed by section 191(2) of the Labour Relations Act, 66 of 1995 — Court upholding Commissioner’s ruling as reasonable and justifiable.
Family Law — Marriage — Proprietary consequences — Common law rule of lex domicilii matrimonii declared unconstitutional — Applicant sought to challenge the validity of the common law rule that determined marriage property rights based on the husband's domicile at the time of marriage, alleging it violated constitutional rights to equality and non-discrimination — Court held the rule inconsistent with the Constitution and invalid, developing the common law to allow parties to designate applicable law or apply alternative criteria based on domicile, habitual residence, nationality, or connection — Costs awarded against the State.
Value-Added Tax — Zero-rating of gold supply — Interpretation of section 11(1)(f) of the VAT Act — Applicant supplying gold bars to prescribed purchasers — SARS denying zero-rating based on previous manufacturing processes of second-hand gold — High Court confirming that gold must not have undergone any manufacturing process other than refining to qualify for zero-rating — Constitutional Court dismissing appeal and upholding High Court's interpretation.
Burial — Dispute over burial rights — Family of late former President Lungu contesting Zambian Government's claim to repatriate and bury remains — Family asserting deceased's expressed wishes and constitutional rights to dignity and privacy — Court finding that in absence of proof of agreement, Zambian Government has no right to repatriate and bury — Family's rights prevail over state interests.
Property law — Mandament van spolie — Interdict against unlawful eviction — Respondents claiming unlawful eviction from property owned by the City — High Court granting interdict and restoring possession — Supreme Court of Appeal finding that respondents failed to prove locus standi and entitlement to relief — Appeal upheld and High Court order set aside.
Eviction — Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 — Application for eviction of unlawful occupiers — Applicant, as registered owner, entitled to vindicate property unless Respondents establish lawful right to remain — First Respondent's claims of title validity and procedural irregularities unsubstantiated — Court finds balance of convenience and justice favours Applicant — Eviction order granted with a six-month compliance period.