Summaries of Constitutional Court and Supreme Court of Appeal Judgments: November 2021
Updated: Apr 11
Shiva Uranium (Pty) Ltd (in Business Rescue) and Another v Tayob and Others (CCT 305/20)  ZACC 40 (9 November 2021)
Companies Act 71 of 2008 – Business rescue practitioner appointed in terms of s 130(6)(a) – Resignation – s 139(3) – Company to appoint substitute.
Media summary: http://www.saflii.org/za/cases/ZACC/2021/40media.pdf
Bayport Securitisation Ltd and Another v University of Stellenbosch Law Clinic and Others (507/2020)  ZASCA 156 (4 November 2021)
National Credit Act 34 of 2005, s 103(5) read with s 101(1)(g) – Whether collection costs as defined includes all legal costs incurred in enforcing credit agreement – Whether s 103(5) applies for as long as consumer remains in default irrespective of whether judgment has been granted – Collection costs, as defined and referred to in s 101(1)(g) to be given its common law meaning by drawing distinction between collection fees charged by attorney prior to litigation and costs awarded in action to recover debt – Legal costs commence with summons and do not as general rule allow for pre-litigation costs to be recovered from losing litigant – Judgment entered is for capital sum fixed at particular date together with interest – Thus s 103(5) does not apply post-judgment – Appeal upheld.
Brits v Minister of Police and Another (759/2020)  ZASCA 161 (23 November 2021)
Unlawful arrest and detention – Vicarious liability of Minister of Police – Appropriate amount of compensation.
Union for Police Security and Corrections Organisation v South African Custodial Management (Pty) Ltd and Others (CCT 228/20)  ZACC 41 (12 November 2021)
Challenge to high court judgment upholding two of three exceptions concerning subsidiarity, defamation and alleged breach of Constitution, s 23(1), (2) and s 17 – Whether high court functus officio on whether alleged publication constituted defamatory matter – Question concerning principle of subsidiarity lacking reasonable prospects of success – For Court’s jurisdiction to be engaged on defamation-related exception, there needs to be more than just question of whether published matter is defamatory – Leave to appeal refused.
Media summary: http://www.saflii.org/za/cases/ZACC/2021/41media.pdf
Lotter NO and Others v Minister of Water and Sanitation and Others (725/2020)  ZASCA 159 (8 November 2021)
National Water Act 36 of 1998 – Interpretation of s 25 – Whether s 25 permits transfers of water use entitlements, with approval of regulatory authority, from holder thereof to third party – Such transfers contemplated by s 25 – Trading in water use entitlements – Such not prohibited in Act and therefore not unlawful.
Association of Mineworkers and Construction Union and Others v Anglo Gold Ashanti Ltd t/a Anglo Gold Ashanti and Others (CCT 233/20)  ZACC 42 (12 November 2021)
Labour Relations Act 66 of 1995, s 66(2)(c) – Lawfulness of secondary strikes – s 66(2) imports proportionality assessment – Secondary employer – Interdicting secondary strikes.
Media summary: http://www.saflii.org/za/cases/ZACC/2021/42media.pdf
National Prosecuting Authority v Public Servants Association obo Meintjies and Others; Minister of Justice and Correctional Services and Director-General: Department of Justice and Constitutional Development v Public Servants Association obo Meintjies and Others (353/2020; 354/2020)  ZASCA 160 (17 November 2021)
Jurisdiction of High Court in employment-related matter – Proper analysis of applicant’s pleadings (notice of motion and founding affidavit) required to ascertain legal basis of claim – Legal basis of applicant’s claim unfair labour practice – Not justiciable in High Court – High Court should have struck matter from roll for want of jurisdiction.
Rautini v Passenger Rail Agency of South Africa (853/2020)  ZASCA 158 (8 November 2021)
Admissibility of evidence – Whether discovered documents were correctly admitted into evidence without proof of contents – Whether full court drew correct inferences from evidence tendered – Whether appellant was credible witness and whether full court was correct in rejecting his version of events – Appeal upheld.
Mtolo and Another v Lombard and Others (CCT 269/21)  ZACC 39 (8 November 2021)
Application for leave to appeal against order striking application from roll – Applicants rendered homeless as result of removal of roof and windows of their home – Whether there was compliance with High Court order requiring respondents to replace roof and windows to make home fit for human occupation – Urgency – Applicants would suffer irreparable harm if they were made to wait for next available date for hearing on ordinary motion court roll – Court rejecting respondents’ assertion that they had complied with order – Local municipality to appoint suitably qualified person to inspect house and prepare report on whether it was fit for human occupation in event of applicants’ dissatisfaction with repair work.
Media summary: http://www.saflii.org/za/cases/ZACC/2021/39media.pdf
eThekwini Municipality and Another v Independent Schools Association of Southern Africa and Others (960/2019)  ZASCA 155 (3 November 2021)
Local Government: Municipal Property Rates Act 6 of 2004 – Power of Minister to promulgate regulations to cap municipal rates on property belonging to public benefit organisations – Municipalities are bound to comply with amended regulations.
Roads and Road Transportation
Van Zyl NO v Road Accident Fund (CCT 114/20)  ZACC 44 (19 November 2021)
Road Accident Fund Act 56 of 1996, s 23(1), s 23(2)(b) and (c) – Prescription of claim against Road Accident Fund – Claimants of unsound mind – Prescription only begins to run from date of appointment of curator ad litem – Interpretation – Impossibility principle – Law does not require impossibilities.
Media summary: http://www.saflii.org.za/za/cases/ZACC/2021/44media.pdf
Trustees for time being of Legacy Body Corporate v BAE Estates and Escapes (Pty) Ltd and Another (304/2020)  ZASCA 157 (5 November 2021)
Sectional title scheme – Whether body corporate’s decision to prohibit estate agency from operating within its scheme amounted to administrative action for purposes of Promotion of Administrative Justice Act 3 of 2000 (PAJA) – If PAJA not applicable, whether decision subject to judicial review in terms of common law.
Langa v Premier, Limpopo and Others (CCT 174/20)  ZACC 38 (5 November 2021)
Application for leave to appeal against order and judgment dismissing application to review and set aside Premier’s decision to remove applicant as senior traditional leader of Mapela Traditional Community and recognise fifth respondent as senior traditional leader in his stead – Lawfulness of Premier’s withdrawal notice – In issuing withdrawal notice, Premier purported to exercise powers not conferred on him by Limpopo Traditional Leadership and Institutions Act 6 of 2005, s 13 and accordingly infringed constitutional principle of legality – Leave to appeal granted – Appeal upheld.
Media summary: http://www.saflii.org.za/za/cases/ZACC/2021/38media.pdf
Mphephu-Ramabulana and Another v Mphephu and Others (CCT 121/20)  ZACC 43 (12 November 2021)
Leadership of royal family – Presidential decision to recognise traditional leader – Traditional Leadership and Governance Framework Act 41 of 2003 – Promotion of Administrative Justice Act 1 of 2000.
Media summary: http://www.saflii.org/za/cases/ZACC/2021/43media.pdf
Date posted: 13 November 2021