Watson NO v Ngonyama and Another (453/2020) [2021] ZASCA 74 (9 June 2021)

Watson NO v Ngonyama and Another (453/2020) [2021] ZASCA 74 (9 June 2021)

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Cited documents 12

Judgment
11
Reported
EL|Locus standi in environmental litigation|Public interest in environment|Judicial Review|Procedural Fairness|Sustainable development|Public participation
Reported

Voluntary winding-up of group of companies – s 351 of
Companies Act 61 of 1973 – whether solvent companies needing to be
wound up in terms of ss 79 and 80 of Companies Act 71 of 2008
company not solvent if commercially insolvent – on facts companies
commercially insolvent.
Liquidators – appointment by Master in Pretoria – companies registered
offices within jurisdiction of Master in Johannesburg – Master in Pretoria
exercising jurisdiction throughout Gauteng – s 2(1)(a)(ii) of the
Administration of Estates Act 66 of 1965 – appointments valid.
Personal costs orders – when granted.

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.

Act
1
Business, Trade and Industry

Documents citing this one 3

Judgment
3

Practice and procedure – final settlement of claim against Road Accident Fund – compromise – extinguishes disputed rights and obligations and puts end to litigation – has effect of res iudicata – court has no jurisdiction to enquire into whether compromise justified on merits or validly concluded – power of court to make compromise order of court on request.

 

Legality review – state organs as co-applicants – validity of decisions to
award tenders – validity of pursuant contracts – whether delay unreasonable –
whether delay should be overlooked

Joinder – appeal court taking point of non-joinder mero motu - court would not deal with matters where a third party who may have a direct and substantial interest in the litigation was not joined in the suit or where adequate steps could not be taken to ensure that its judgment will not prejudicially affect such party’s interests, nor would it make findings adverse to any person’s interests, without that person first being a party to the proceedings before it.