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High Court of South Africa Eastern Cape, East London Local Court - 2013

3 judgments
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3 judgments
Citation
Judgment date
August 2013
Biermann v Eastern Cape Development Corporation (ECD 2151/2010; EL 1051/2010) [2013] ZAECELLC 10 (7 August 2013)
Respondent’s discovery was inadequate but not contumacious; ordered to file comprehensive discovery within ten days or face striking out and judgment.
Discovery — Rule 35(3) — adequacy of discovery affidavits; relevance, possession and control of documents; public‑entity statutory record‑keeping obligations (ECD Corporation Act, PFMA, Public Audit Act); when insufficient discovery justifies striking out a defence; remedial order requiring comprehensive paragraph‑by‑paragraph affidavit and costs awarded.
 7 August 2013
June 2013
Evaluations Enhanced Property Appraisals (Pty) Ltd v The Buffalo Metropolitan Municipality and Others (ECD 3561/2012; EL 1544/2012) [2013] ZAECELLC 6 (25 June 2013)
Applicant had not exhausted the statutory internal appeal; court directed appeal under s62 and postponed review sine die.
• Administrative law – tenders – award of municipal tender constitutes administrative action subject to PAJA; internal appeal under s62 Municipal Systems Act. • PAJA s7(2) – requirement to exhaust internal remedies before review; court may direct exhaustion under s7(2)(b) or exempt in exceptional circumstances under s7(2)(c). • Municipal Systems Act s62 – written notice of appeal with reasons within 21 days from written notification of decision; verbal information does not suffice as notification. • Right to reasons – constitutional and PAJA obligations to give written reasons to enable effective appeal/review. • Relief – court may postpone review and direct exhaustion rather than dismiss where internal remedies not exhausted and no exemption sought.
 25 June 2013
January 2013
Burmbuild (Pty) Ltd v Ndzama (ECD 2948/2012; EL 1248/2012) [2013] ZAECELLC 3 (8 January 2013) (Restraint of trade)
Reported
Enforcement of a restraint of trade clause refused as no protectable proprietary interest or confidential information proven.
Labour law – Restraint of trade – Employment – Enforceability of restraint clauses – Protectable interests – Confidential information – Reasonableness – Public policy – Constitutional right to trade or occupation.
 8 January 2013