Drift Supersand (Pty) Ltd v Mogale City Local Municipality and Another (1185 of 2016) [2017] ZASCA 118 (22 September 2017)

Drift Supersand (Pty) Ltd v Mogale City Local Municipality and Another (1185 of 2016) [2017] ZASCA 118 (22 September 2017)

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Act
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Judgment
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whether delay should be overlooked

Spoliation – rights protectable by mandament van spolie – whether
an electricity supply in itself an incident of possession of the property to which
it is delivered or a mere personal right – whether such supply protectable by the
mandament.

Application for restoration of shares – claim that shares donated on the
basis of misrepresentation that persons with BBBEE credentials would benefit – case
withdrawn against registered shareholder – entities alleged to be beneficial shareholders
not cited – order by court against individual alleged to have made representation
incapable of execution – issues including ownership of shares involving corporate
structures complex – motion proceedings inappropriate

Contempt of court – requirements restated – whether conduct met requirements – Co-operatives Act 14 of 2005 – s 72 (1) – whether competent to rely on a different cause of action after initial provisional order discharged per agreement.