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Access Control — Mandament van Spolie — Urgent application for restoration of access to MyEstateLife application — Applicant restricted from generating access codes for third parties due to alleged arrears — Respondent contending that restriction does not amount to dispossession as biometric access remains intact — Court finding that applicant's complaint pertains to a service rather than possession of property — Mandament not applicable as access mechanism does not constitute an incident of possession — Application dismissed.
Insolvency — Provisional sequestration — Application for provisional sequestration of respondent’s estate based on outstanding costs orders — Applicant, a creditor, established locus standi under section 9(1) of the Insolvency Act — Respondent admitted debt but claimed inability to pay constituted temporary financial distress — Court found necessary acts of insolvency established — Primary issue whether sequestration would confer an advantage to creditors — Court held that speculative nature of potential asset recovery and lack of evidence of undisclosed income or assets did not demonstrate reasonable prospect of advantage to creditors — Application dismissed, each party to bear their own costs.
Companies — Name dispute — Application for order to change company name — Applicant alleging confusion with its registered name — Tribunal dismissing application due to failure to comply with procedural requirements for service of application — Applicant not providing adequate proof of service or verification of respondent's details — Application dismissed without consideration of merits, with direction to reapply after correcting procedural deficiencies.
Public Procurement — Tender process — Challenge to non-award decision — Applicant, Power Stationery, contested the rejection of its tender by the Consortium for the provision of learner and teacher support material to the Eastern Cape Department of Education — Legal issues included the constitutionality of the Consortium's delegation of procurement powers and the lawfulness of the non-award decision — Court held that the Consortium's actions were unconstitutional and unlawful, resulting in the review and setting aside of the non-award decision.
Administrative Law — Road Accident Fund — Unlawful conduct — Applicants seeking declaration of unlawfulness against the Road Accident Fund for blocking and delaying payments due to claimants — Court finding that the Fund's actions were mala fide and unlawful, ordering immediate payment of amounts owed to the applicants — Conduct of the Fund declared to be in contempt of court.
Hate Speech — Promotion of Equality and Prevention of Unfair Discrimination Act — Mr Mchunu, a cultural leader and influencer, was interdicted from promoting discrimination against LGBTQIA+ persons following the publication of derogatory statements on social media. The court found that his utterances constituted hate speech, harassment, and unfair discrimination under sections 10, 11, and 6 of the Act. A permanent interdict was granted prohibiting further discriminatory publications, and Mr Mchunu was ordered to undergo human rights sensitisation and pay damages to the complainants.
Rescission — Forfeiture order under POCA — Applicant, community of property spouse, not cited or served in original forfeiture proceedings — Court determining that non-joinder constitutes erroneous granting of order — Rule 42(1)(a) applicable for rescission — Section 49 of POCA not applicable as applicant was not a party to original proceedings — Forfeiture order set aside regarding applicant's half-share in joint estate, matter referred for further hearing on innocent owner application.
Contract — Sale of stolen goods — Implied warranty against eviction — Applicants seeking reimbursement for calves purchased from respondents, later identified as stolen — Court finding that applicants established the nexus between the stolen calves and those sold to them — Respondents' defenses of ownership and in pari delicto rejected — Applicants entitled to reimbursement as claimed.
Documents — Compulsion of production — Application in terms of Rule 35(12) of the Uniform Rules of Court — Applicant, a member of a co-operative, sought documents from the respondent co-operative in the context of a liquidation application — Respondent opposed production on grounds of irrelevance, confidentiality, and procedural defects — Court held that confidentiality is not a valid ground to refuse production under Rule 35(12) — Applicant entitled to audited financial statements and membership documents as a matter of law — Request for books of account refused as irrelevant to the liquidation inquiry — Order granted for production of specific documents.