Mighty Solutions CC t/a Orlando Service Station v Engen Petroleum Ltd and Another [2015] ZACC 34 (19 November 2015)

Public Protector Act 23 of 1994 — personal costs — punitive costs — representative litigant — personal indemnity exceeded —  accountability

Contract — breach — oral agreement to negotiate in good faith

Pleadings — Ostensible authority — Distinct from estoppel — Not necessary to plead ostensible authority in replication

Prescription Act 68 of 1969 — Sections 10(1), 11(d), 129(d) — interpretation of “debt”

Constitution — Section 39(2) — Narrow interpretation of “debt” —claim not prescribed

Defamation – defences – lack of animus iniuriandi – whether
established - reasonable publication in relation to media defendants –
requirements of – whether extending to individuals using social media – whether interdict appropriate – whether order for apology competent –whether damages claimable in proceedings by way of application.

Practice – amicus curiae – test as to who should be admitted –
application to be admitted as amicus dismissed.
Emotional shock – principles relevant to such a claim – grief associated with
psychiatric lesion caused by emotional shock recoverable without necessity to
develop the common law in line with the spirit of the Constitution.
Constitutional damages – when to be awarded – where claimants fully
compensated for loss sustained and public funds better served elsewhere –
constitutional damages not awarded.