Administrative Law — Municipal obligations — City of Johannesburg Metropolitan Municipality failing to provide resolution on account dispute — Applicant seeking compliance with section 11 of the City’s Credit Control and Debt Collection By-law, 2004 — Court ordering the City to provide a written resolution within 14 days — Costs awarded to the applicant.
Civil Procedure — Urgent applications — Improper re-enrollment of urgent application after previous striking from roll — Applicant failing to establish cause of action against certain respondents — Court directing attorney to show cause for costs de bonis propriis due to inept handling of litigation — Affidavit lacking necessary explanations and displaying inappropriate conduct.
Family Law — Leave to appeal — Application for leave to appeal against dismissal of request for private psychological assessment of minor child — Court finding no reasonable prospects of success in appeal — Emphasis on the child's best interests and the court's discretion as Upper Guardian — Application dismissed with costs.
Arbitration — Leave to appeal — Application for leave to appeal against judgment staying main action and referring disputes to arbitration — Applicant alleging numerous grounds of appeal — Court finding that no new issues raised and that applicant failed to demonstrate reasonable prospect of success on appeal — Application for leave to appeal dismissed.
Company Law — Name Reservation — Review of CIPC's refusal to reserve name 'SAOSO' — Applicant arguing that name is not confusingly similar to existing names and is widely recognized in the organic agriculture sector — Tribunal finding that CIPC incorrectly applied the Companies Act provisions — Tribunal ordering CIPC to reserve the name as applied for by the Applicant.
Companies Tribunal — Jurisdiction — Application for remedies relating to termination of employment and financial management of company — Tribunal finding it lacks jurisdiction to adjudicate internal corporate disputes — Applicant's claims dismissed as ultra vires — Applicant advised to seek recourse in High Court.
Labour Law — Unfair dismissal — Non-renewal of fixed-term contract — Applicant claiming dismissal due to non-renewal of contract — Commissioner ruling no dismissal occurred — Court finding non-renewal constitutes dismissal under s186(1)(b) of the LRA — Commissioner erred in requiring applicant to discharge evidentiary burden on interpretation of Circulars — Dismissal deemed unfair, at minimum procedurally.
Administrative Law — Review of appointment — Legality and PAJA — Applicant challenging the appointment of the third respondent as Assistant Director: MISS on grounds of non-compliance with minimum requirements — Court finding that the third respondent did not meet the advertised qualifications, including managerial experience — Appointment set aside due to failure to adhere to the principles of legality and administrative justice.
Criminal Law — Attempted murder — Hearsay evidence — Appellant convicted of attempted murder based on statements made by deceased — Appellant contending that hearsay evidence should not have been admitted — Court finding that hearsay evidence was admissible in the interests of justice — Conviction upheld as evidence sufficiently reliable to support conviction.
Tax Law — Review application — Request for suspension of tax payment — Applicant seeking to compel SARS to provide complete record of decisions — SARS initially provided incomplete record — Court finding that the applicant is entitled to a complete record for review purposes — Application granted, compelling SARS to furnish the complete record within specified time frame.
Road Accident Fund — Personal injury claim — Undefended proceedings — Plaintiff injured as a pedestrian in a motor vehicle accident — Court determining liability and quantum based on expert reports — Defendant found liable for 100% of proven damages, including general damages of R300,000 and future medical expenses — Actuarial calculations for loss of income to be recalculated with contingency deductions.
Labour Law — Review application — Rescission of arbitration award — Applicant seeking to review and set aside a rescission ruling and arbitration award due to failure to attend arbitration — Commissioner dismissing rescission application on grounds of late filing without considering merits — Court finding that the Commissioner acted unreasonably by not considering all relevant factors, including the negligible delay and the merits of the rescission application — Rescission ruling set aside and matter remitted for reconsideration.