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Economic Freedom Fighters and Others v Speaker of the National Assembly and Others (9873/21) [2024] ZAWCHC 160 (10 June 2024)
The rule of law can be distilled into at least eight basic principles in that laws are required to be: (a) general; (b) publicly accessible; (c) forward-looking; (d) clear; (e) non-contradictory; (f) not impossible to comply with; (g) stable and, (h) congruent with how officials enforce them.
Edward Nathan Sonnenberg Inc v Judith Mary Hawarden (421/2023) [2024] ZASCA 90 (10 June 2024)
Liability for pure economic loss caused by omission is not prima facie wrongful, and liability should only be imposed if public or legal policy considerations necessitate holding the defendant liable for the resulting damages.
Ubisi and Another v Road Accident Fund (711/2023) [2024] ZASCA 93 (11 June 2024)
Once parties have freely and voluntarily settled their dispute and presented a settlement agreement to the court to be made an order of court, the court should generally respect and enforce such agreements.
Africa Wide Investment Holdings (Pty) Limited v Miganu Investment Holdings (Pty) Limited (8279_2019) [2024] ZAGPJHC 518 (30 May 2024)
Application for deferred discovery: a party cannot withhold the production of relevant documents based on the separation of issues in a legal matter. The court emphasised that discovery of documents should be based on their relevance to the issues raised in the pleadings, rather than being limited to specific separated issues.
Kekana obo Motshwaede v Road Accident Fund (2019/26724) [2023] ZAGPJHC 495 (16 May 2023)
Loss of support: the application of an additional contingency for remarriage or re-partnering should not be applied in a discriminatory manner. Instead, a single general contingency for the vicissitudes of life should be applied to all dependants' claims, ensuring equality and fairness in line with constitutional values.
Mineral Sands Resources (Pty) Ltd v Magistrate for the District of Vredendal, Kroutz NO and Others (18701/16) [2017] ZAWCHC 25 [2017] 2 All SA 599 (WCC) (20 March 2017)
This case discusses the legal requirements for issuing and executing search warrants in the context of environmental compliance investigations.
Weissensee v Stone-Bird Investments (PTY) Ltd and Others (2020/19821) [2022] ZAGPJHC 817; [2022] 4 All SA 905 (GJ) (17 October 2022)
An agreement entered into by a financial services provider that is not licensed under the Financial Advisory and Intermediary Services Act (FAIS Act) is void ab initio due to non-compliance with statutory licensing requirements. Consequently, any such agreement is unenforceable.
Living Africa One (Pty) Ltd v Ekurhuleni Metropolitan Municipality and Another (A5019/2022) [2023] ZAGPJHC 897; [2023] 4 All SA 111 (GJ); 2023 (6) SA 551 (GJ) (11 August 2023)
Constitutional damages - genuine efforts to comply with court orders, even if unsuccessful, do not constitute contempt of court, and that the failure of a municipality to provide alternative accommodation, resulting in the prolonged illegal occupation of private property, can constitute an unlawful deprivation of property rights, warranting constitutional damages as just and equitable relief.