Administrative Law — Confidentiality — ICASA's power to release confidential information — Emedia seeking access to unredacted information under a confidentiality regime — Court finding that ICASA lacks the power to grant such access but that the court has the authority under section 172(1)(b) of the Constitution — Application for leave to appeal dismissed as no reasonable prospects of success established.
Labour Law — Fixed-term contracts — Reasonable expectation of renewal — Appellant contending that non-renewal of fixed-term contract constituted unfair dismissal — Commissioner finding that appellant had a reasonable expectation of renewal based on performance and contract clauses — Labour Court reversing decision on review, concluding that appellant failed to establish a legitimate expectation — Appeal court considering the interpretation of contract clauses and the implications of the renewal clause — Appeal upheld, reinstating commissioner's award of unfair dismissal.
Contract — Exception — Compliance with notice to remedy — Plaintiffs claiming damages for breach of sale agreement — Defendant raising exception on grounds of failure to plead fixture status and compliance with notice requirement — Court finding plaintiffs failed to plead fixture status for certain items, but sufficiently complied with notice requirement — Exception upheld in part, allowing plaintiffs to amend particulars of claim.
Contract — Sale of property — Cancellation of sale agreement — Respondent claiming defects in property as basis for cancellation — Court finding defects were minor and did not go to the root of the contract — Respondent's prior acceptance of property condition indicated no material defects — Application to enforce sale agreement granted.
Criminal Procedure — Bail — Appeal against refusal of bail on new facts — Appellant charged with unlawful possession of a firearm and ammunition — Initial bail application refused due to public safety concerns — New facts presented regarding withdrawal of pending matters — Court finding that withdrawal does not negate risk of reoffending — Appeal dismissed as Magistrate's discretion not exercised wrongly.
Appeal — Leave to appeal — Test for leave to appeal under Section 17(1)(a) of the Superior Courts Act — Applicant failing to demonstrate reasonable prospect of success on appeal — Grounds for leave including denial of access to record and alleged gross irregularity — Court finding no substantial grounds for recusal application — Application for leave to appeal dismissed with costs.
Appeal — Application for leave to appeal — Notice of application for leave to appeal consisting of 87 pages and 341 paragraphs held to be an abuse of process — Court finding that the impugned order is not final in effect, being a temporary interdict — Court concluding it is not in the interest of justice to grant leave to appeal — Application for leave to appeal refused.
Land Law — Eviction — Application for leave to appeal against dismissal of eviction application — Applicants contending that the court misapplied the Extension of Security of Tenure Act (ESTA) — Court finding that the Applicants failed to establish a lawful ground for terminating the rights of residence of the Second to Fifth Respondents — Leave to appeal dismissed as no reasonable prospect of success demonstrated.
Labour Law — Leave to appeal — Application for leave to appeal against dismissal of review application — Applicant failing to file written submissions as required by the Practice Manual — Court finding no reasonable prospects of success on appeal — Application for leave to appeal dismissed without costs.
Administrative Law — Leave to appeal — Application for leave to appeal against dismissal of review application under PAJA — Applicants failing to comply with rule 49(1)(b) by not clearly stating grounds for appeal — Court finding that the notice of motion and accompanying affidavit did not meet the required standards — Application for leave to appeal dismissed.
Appeal — Application for leave to appeal — Respondent failing to comply with court's practice directives — Application for leave to appeal withdrawn before hearing — Court noting withdrawal and not addressing merits of the application.
Eviction — Just and equitable — Applicant seeking eviction of occupiers from property — Court finding no case made for eviction being just and equitable — Application dismissed due to non-attendance of applicant and legal representatives — Costs awarded to respondents.