Contract — Settlement Agreement — Enforcement — Applicant seeking to have alleged settlement agreement for outstanding legal fees made an order of court — Respondent disputing existence of settlement and claiming overpayment — Court finding insufficient evidence of binding settlement agreement and dismissing application.
Arbitration — Jurisdiction — Exclusion of party from arbitration — Respondents excluded for non-payment of fees under purported application of Expedited Rules — Court finding that arbitrator lacked jurisdiction to exclude respondents as the arbitration agreement bound parties to Commercial Rules — Award made in absence of jurisdiction deemed void and not enforceable as court order.
Contract — Exception — Credit facility agreement and verbal loan agreement — Plaintiff seeking payment for arrears under two distinct agreements — Defendants filing exception claiming particulars of claim lack necessary averments — Court finding that particulars disclose a cause of action and dismissing exception with costs.
Review — Standing — Military Veterans Act — Applicant seeking review of decision to resume data verification process for military veterans — Court finding that the announcement of resumption is not a reviewable decision under the Promotion of Administrative Justice Act — Applicant lacking standing as it was merely an observer and failed to challenge the original decision to establish the verification panel — Application dismissed with costs.
Contract — Guarantee — Rescission of default judgment — Applicant seeking to rescind order requiring payment under guarantee for loan — Applicant claiming no wilful default due to lack of notice and belief that guarantee would not be enforced after six years — Court finding bona fide defence exists and rescinding default judgment.
Civil Procedure — Discovery — Interlocutory application to compel compliance with Uniform Rule 35(3) — Applicant seeking further and better discovery from respondents — Respondents failing to provide adequate response to notice — Court finding that respondents did not properly comply with discovery obligations — Order granted compelling respondents to furnish requested documents.
Rescission — Application for rescission of judgment — Applicants seeking rescission of default judgment regarding home loan agreement — Court finding rescission not competent as applicants participated in original proceedings — Applicants should have pursued appeal process instead — Application dismissed with costs.
Rescission of Judgment — Mortgage Loan Agreement — Applicant seeking rescission of judgment ordering payment of R921 000 for mortgage loan and R231 000 for personal loan — Applicant claiming absence and lack of opportunity to address court — Court finding applicant was present and had opportunity to be heard — No grounds for rescission established — Application dismissed.
Arbitration — Jurisdiction — Application to stay arbitration proceedings — Respondents challenging arbitrator's jurisdiction under the Consumer Protection Act 68 of 2008 — Court finding it inappropriate to grant relief while jurisdictional questions are pending before the Supreme Court of Appeal — Application postponed sine die.
Civil Procedure — Urgent application — Requirements for urgency — Applicant seeking to interdict bank from holding funds — Application brought 14 months after account frozen — Lack of specificity in claims of irreparable harm — Court finding application deficient and self-created, failing to meet requirements of Rule 6(12) — Application struck from the roll with costs.
Immigration Law — Refugee Status — Non-refoulement principle — Applicants, mostly undocumented foreign nationals from Ethiopia, Congo, and Nigeria, detained at Lindela Repatriation Centre, sought release to apply for asylum after failing to be interviewed by the Refugee Reception Office since their entry into South Africa. The legal issue concerned the validity of the amendments to the Refugees Act and the application of the non-refoulement principle in light of the new regulatory framework. The court held that the amendments to the Refugees Act were inconsistent with the Constitution and invalid, reaffirming the principle of non-refoulement which prohibits the return of individuals to countries where they may face persecution or threats to their safety.
Labour Law — Review of arbitration award — Application to review and set aside CCMA award finding dismissal substantively unfair due to double jeopardy — Court finding that subsequent judgment rendered prior warning a nullity, thus invalidating basis for double jeopardy — Review application granted, arbitration award set aside.