Administrative Law — Precautionary suspension — Urgent application for declaratory relief regarding the legality of a precautionary suspension of a Municipal Manager — Applicant contending that the suspension was unlawful and violated his rights — Court finding that the precautionary suspension was lawful and fair, dismissing the application with costs.
Labour Law — Settlement Agreement — Validity — Applicant seeking to declare a settlement agreement made an arbitration award null and void — Employees alleging breach of the agreement for non-payment — Court finding that the Labour Court has jurisdiction to determine the validity of the settlement agreement and that the application for setting aside the agreement was not properly substantiated — Application dismissed.
Labour Law — Joinder of parties — Application for joinder of Burbank Trading 656 (Pty) Ltd as second respondent in unfair dismissal dispute — AMCU seeking to hold both Just Coal and Burbank liable under section 200B of the Labour Relations Act — Court considering jurisdictional requirements and necessity of joinder — Finding that Burbank has a direct and substantial interest in the proceedings, thus allowing the joinder application.
Civil Procedure — Rescission of judgment — Application for rescission of summary judgment granted in absence of applicants — Applicants failing to establish sufficient cause for absence or bona fide defense — Court dismissing application for rescission and ordering costs against applicants.
Companies — Annual General Meeting — Extension of time — Applicant seeking extension to hold AGM beyond statutory 15 months due to resignation of auditors — Tribunal finding good cause shown for delay — Extension granted until 31st January 2027.
Appeal — Leave to appeal — Legal Practitioners Fidelity Fund seeking leave to appeal against a decision regarding theft of trust funds — Court finding that the applicant failed to demonstrate reasonable prospects of success for the appeal — Distinction between theft and fraud discussed — Application for leave to appeal dismissed with costs.
Wills and Estates — Testamentary capacity — Dispute over validity of wills executed by deceased suffering from dementia — Plaintiffs alleging lack of testamentary capacity due to mental incapacity — Court finding that burden of proof not met by plaintiffs, thus wills valid — Freedom of testation upheld despite family disputes.
Insolvency Law — Liquidation — Referral to oral evidence — Applicant seeking referral of disputed issue regarding identity of ABSA Bank account holder to oral evidence — Respondents opposing on procedural grounds — Court finding that the application for referral is justified to resolve genuine dispute of fact — Application granted.
Labour Law — Review of arbitration award — Applicant challenging dismissal by South African Police Service for dishonesty — Commissioner finding dismissal both procedurally and substantively fair — Court affirming that dishonesty in police conduct justifies dismissal under regulation 5(4)(x) of the SAPS Discipline Regulations, 2016 — Review application granted for late filing, but dismissal upheld as fair.
Companies — Winding up — Just and equitable grounds — Application for dissolution of family companies due to alleged deadlock in administration — Applicant claiming exclusion from decision-making and lack of financial transparency — Respondents disputing existence of deadlock and asserting that dissolution is not just and equitable — Court finding that factual disputes exist, making it inappropriate to grant winding up order in motion proceedings.
Employment Law — Recovery of remuneration — Applicant municipality seeking repayment of salary from former employee who allegedly did not report for duty from October 2020 until resignation — Court finding insufficient evidence to establish that employee rendered no services during that period — Claim for repayment dismissed as municipality failed to prove its case on the balance of probabilities.
Insurance — Coverage — Suspension of policy — Applicant's motor vehicle insurance suspended due to non-payment of premiums — Collision occurring after suspension but before payment of outstanding premium — Court finding that coverage did not resume until payment was received, thus no obligation to compensate for collision — Estoppel claim dismissed due to lack of detrimental reliance.