High Court of South Africa Eastern Cape, Grahamstown - 2016 June

2 judgments
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2 judgments
Citation
Judgment date
June 2016
Reported
The respondent municipality and its manager were held responsible for sewage and waste management failures; a structural interdict was granted.
Municipal law — obligation to provide and maintain basic services (sewage, refuse) — contempt for breach of court order — structural/supervisory interdict as remedy for systemic municipal failures — locus and exhaustion required for environmental-authorisation relief — costs and de bonis propriis considerations.
15 June 2016
Speculative securitisation claims do not justify discovery or rescission of a consent order and fail to defeat creditor's rights.
Civil procedure — rescission of consent judgment — securitisation defence lacks prospects without proof; discovery in motion proceedings exceptional — Rule 30/Rule 35 — ostensible authority/estoppel where attorney compromises; execution against immovable property premature without attempt against movables.
3 June 2016