Compared to the epic blood-and-thunder-legal duels daily fought in our courts, an opposed application for the postponement of a matter ordinarily becomes but a tepid scuffle. For that reason, courts will not normally dwell on such simple requests beyond the immediate need to furnish brief reasons for grant or refusal thereof. I will however, for reasons stated hereunder, linger slightly before disposing of the application for postponement of the trial cause now before me. More
This urgent chamber application was set down and heard on 23 August 2022. I reserved judgment to 5 September 2022 and pronounced my reasons for the decision to the parties in chambers. I have now been requested to furnish full reasons for the purposes of an appeal. These are they:
The application is premised on the following as per applicant’s founding affidavit.
The applicant is a body corporate bound by a Constitution. The first, fourth, fifth, sixth and seventh respondents are legal entities. The second respondent is the Minister of Local Government, Public Works and National Housing in his official... More
The plaintiff issued summons seeking the following relief:
(a) Reinstating and reversing the ownership of Stand 205 Good Hope Township of Subdivision D of Goodhope, situate in the District of Salisbury measuring 2 695 square metres under Deed of Transfer Number 444/08 (hereinafter referred to as “the property”);
(b) Cancellation of Deed of Transfer Number 3681/2011 in favour of the first defendant; and
(c) Costs on an attorney and client scale. More
1. This is an urgent application for an interim interdict pending a decision in a hearing on the return date. The applicant seeks a provisional order couched in the following terms:
Terms of the final order sought
That you show cause to this Honourable Court if any, why a final order should not be made in the following terms:
i. Respondent and its members, associates and nominees be and (sic) hereby interdicted from interrupting and disrupting the applicant’s celebration of “Isithembiso” ceremony for all time to come without an order of a competent court.
ii. Respondent to pay the costs. More
The respondent was employed by the appellant as a Housing Officer. He was indicted for a disciplinary hearing on 11 November 2017 before the appellant’s Disciplinary Committee. He was charged with ‘committing any act or conduct inconsistent with the fulfilment of the express or implied conditions of the contract of employment’ in terms of clause 8(d) of Statutory Instrument 87/2017, specifically that he unilaterally and unlawfully exempted some council tenants from paying rentals which resulted in the appellant losing revenue. More
Halwick Investments (Pvt) Ltd the employer is seeking leave to appeal against the order which struck off its matter from the roll. Samson Geti the employee is opposed to the grant of the leave relief. Sadly Mr Geti has not complied with the rules of court by not filing heads of argument. He is thus barred in the matter. He however seeks from the bar that the bar operating against him be uplifted. He cites administration glitches as the excuse for his non compliance. More
This is an application for leave to appeal against the decision of the labour court where it ruled that the employer’s notice of opposition was bad at law on account of the fact that there was no formal board resolution authorising the deponent to the opposing affidavit to depose to facts on behalf of the employer and that the legal practitioners for the employer had not filed an assumption of agency. More
