KE Matojane Archives

Genuine mediation offers: Eviction order granted

by GilesFiles | Mar 24, 2026 | 2020 onwards, Agriculture, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Costs awarded, Courts, Declaratory, Disallowed, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Private enterprises, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Compromise agreement considered: Final settlement?

by GilesFiles | Oct 10, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Banks, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Pleadings: amending, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Negotiating right to deadlock: Administrative or executive action?

by GilesFiles | Jun 12, 2025 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Central, Contractual breach, Costs, Courts, Declaratory, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Orders, PAJA 2000, Parties, Private enterprises, Res judicata (issue estoppel), Roman Dutch law, SCA judges, Sectors, Special pleas, State organs, Supreme Court of Appeal, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Automatic appeal rights: SCA s 18(4) explained

by GilesFiles | Jun 22, 2023 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Disallowed, Government, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Metro, Orders, Parties, Rules Codes & Manual, SCA judges, Sectors, State organs, Statutory, Struck off, Supreme Court of Appeal, Topics | 0 |

City of Tshwane Metropolitan Municipality v Vresthena (Pty) Ltd Are there multiple rights of appeal against orders of lower courts and in addition are there any automatic appeal rights? “[7] On 22 November 2022, the...

Levy clearance certificate: Dissent – refusal to issue?

by GilesFiles | Sep 23, 2021 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, Disallowed, Evidence & onus, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Parties, Sectors, Statutory, Topics | 0 |

Body Corporate Marsh Rose v Steinmuller The dissenting judgment in dealing with the issue of a levy clearance certificate was of the view that “the real issue in this appeal is whether a Body Corporate can be compelled to...

Levy clearance certificate: Refusal to issue?

by GilesFiles | Sep 23, 2021 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, Disallowed, Evidence & onus, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Parties, Sectors, Statutory, Topics | 0 |

Body Corporate Marsh Rose v Steinmuller By a majority decision a full bench of the high court decided that the body corporate could not refuse to issue a levy clearance certificate because inter alia the liability for levies is...

Levy clearance certificate: Refusal to issue?

by GilesFiles | Sep 23, 2021 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, Disallowed, Evidence & onus, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Parties, Sectors, Statutory, Topics | 0 |

Body Corporate Marsh Rose v Steinmuller By a majority decision a full bench of the high court decided that the body corporate could not refuse to issue a levy clearance certificate because inter alia the liability for levies is...

Ombud statutory appeal: CSOS Act s57 procedure

by GilesFiles | Oct 24, 2019 | 2019, Appeals, Appeals - leave, BC and HOAs, Bill of Rights, Common law, Community schemes, Courts, HC Uniform, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Management, Orders, Parties, Policies - all, Review tests, Rules Codes & Manual, Sectors, Topics | 0 |

Stenersen and Tulleken Administration CC v Linton Park Body Corporate Ombud statutory appeal provision has resulted in considerable confusion with conflicting interpretations of CSOS s 57 by different divisions of the high court...

Fraudulent scheme exposed: Final sequestration order

by GilesFiles | Aug 23, 2019 | 2019, Causes and defences, Courts, Disputes: factual, Hearsay, High Court, High Court judges, Judges, Labour Relations, Legislation, Sectors, Topics | 0 |

VBS Mutual Bank (in liquidation) v Madzonga Fraudulent scheme exposed at VBS Mutual Bank and high court exercised a discretion and granted a final sequestration order against an alleged co-perpetrator “who knowingly...

Repetition rule considered: Right to expression and dignity

by GilesFiles | May 30, 2019 | 2019, Bill of Rights, Causes and defences, Courts, Dignity equality freedom, High Court, High Court judges, Judges, Personal Information, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Access tags premises: Enter complex common area

by GilesFiles | Mar 6, 2017 | 2017, BC and HOAs, Causes and defences, Community schemes, Courts, High Court, High Court judges, Judges, Parties, Sectors, Statutory, Topics | 0 |

Alegria Body Corporate v Splice Riviera Body Corporate (11999/2016) [2017] ZAGPJHC 64 (6 March 2017) per Matojane J. The high court refused to grant any relief as the remedy was not concerned with the protection or restoration...

OHSA: Access to inspector’s inquiry report

by GilesFiles | Aug 7, 2015 | 2015, 2015 and earlier, Courts, High Court, High Court judges, Judges, Labour Relations, Landmark judgments, Legislation, PAJA 2000, Statutes (LRL 2)-work, Topics | 1 |

Industrial Health Resource Group v Minister of Labour (74793/2013) [2015] ZAGPPHC 555 (7 August 2015) per Matojane J at para [53] The order: It is declared that the persons referred to in section 32(5)(c) of the Occupational...

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