High Court of South Africa Eastern Cape, Port Elizabeth - 2023 May

5 judgments
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5 judgments
Citation
Judgment date
May 2023
Leave to appeal refused where objective documentary evidence established the applicants' indebtedness to the respondent.
Civil procedure — leave to appeal — s17(1) Superior Courts Act — leave requires reasonable prospect of success or other compelling reason; Evidence — loan agreement, debit order, payments and account statements as conclusive objective proof of creditor-debtor relationship; Appeal — meritless challenge to identity of creditor defeated by uncontradicted documentary and conduct evidence.
30 May 2023
A disciplinary letter sent only to the plaintiff was defamatory; publication established and qualified privilege forfeited by malice, awarding R60,000 plus interest and costs.
Defamation — meaning and publication; republication and reasonable expectation — qualified privilege (duty/interest to inform) — forfeiture of privilege by malice or recklessness — damages for wounded feelings and reputational harm.
17 May 2023
Applicants declared vexatious for persistently pursuing unmeritorious litigation to revive set‑aside Public Protector remedial action.
Vexatious proceedings — application under section 2(1)(b) Vexatious Proceedings Act — requirements: persistency and absence of reasonable grounds. Abuse of process — repeated and unsuccessful attempts to revive set‑aside remedial action amounting to vexatious litigation. Practice — reliance on an earlier answering affidavit as evidential basis for related application is permissible to avoid duplication; leave to file supplementary affidavit granted. Rule 30/30A — challenge dismissed where relief is irrelevant, unsupported or beyond scope of Rule.
16 May 2023
Court interdicted consideration of invalid motions and ordered the Speaker to pay costs for ignoring rules and legal advice.
Local government — council procedure — validity of motions — municipal rules requiring motions signed, dated and submitted ten clear business days before meeting — urgency and final interdict to prevent unlawful council action — costs against Speaker for ignoring legal demand and opinion.
12 May 2023
Leave to appeal refused where rescission judgment was interlocutory and did not meet interests-of-justice appealability test.
Appealability of interlocutory orders – interests of justice test (Tswane City v Afriforum) – immediate and substantial effect; rescission of orders granting permanent residence; leave to appeal refused where no serious, immediate or irreparable harm.
9 May 2023