Ferris and Another v Firstrand Bank Limited and Another [2013] ZACC 46 (12 December 2013)

Restitution of Land Rights Act 22 of 1994 — section 33 — purposes of equitable redress — method of escalating past loss to present-day value

Restitution of Land Rights Act 22 of 1994 — section 35 — remedial powers — a court’s power to award costs of erecting a memorial plaque

Rescission of judgment – rule 42(1)(a) – notice of motion a hybrid
between form 2 and form 2(a) – form condoned – no prejudice to any affected party – notice of hearing delivered to electronic address provided by respondent, but not received – not constituting procedural error – judgment not erroneously sought or erroneously granted.
Rescission in terms of common law – good cause – must allege facts which, if proved, would constitute a defence valid in law, with some prospect of success – bona fide defence not made out.