High Court of South Africa Eastern Cape, Port Elizabeth - 2025 October

4 judgments
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4 judgments
Citation
Judgment date
October 2025
Omission of an actuarial report did not defeat a s24 RAF claim where the plaintiff substantially complied and investigative material was provided.
Road Accident Fund Act s24 – substantial compliance with prescribed claim lodgement requirements; omission of actuarial report. Validity of Minister’s RAF1 publication and Board Notice 271 of 2022 – review and invalidity where they impermissibly prescribe additional requirements. RAF1’s purpose: to enable investigation, not to determine quantum. Prescription – special plea dismissed where substantial compliance shown.
30 October 2025
Urgent review of disciplinary hearing struck off for self-created urgency; merits not considered and costs awarded against applicant.
Urgent application — Rule 6(12) URC — requirement to show inability to obtain substantial redress in due course; self-created urgency defeats urgency. Labour/disciplinary proceedings — employer's legal representation at disciplinary hearing — interlocutory challenge; court may decline to intervene where urgency threshold not met. Costs — unsuccessful urgent application struck off roll; costs awarded to respondent including counsel on party-and-party scale.
28 October 2025
Liquidation ordered where supplier was used as vehicle to defraud applicant; no prior demand required.
Companies — winding‑up: section 344(f) (inability to pay) and section 344(h)/section 81(1)(c)(ii) (just and equitable) — creditor’s standing; demand not prerequisite to s344(f); proof on affidavits and Kalil/Afgri principles; bona fide and reasonable dispute requirement; use of company as vehicle for fraud justifies liquidation; authority of deponent in motion proceedings.
16 October 2025
Leave to appeal refused: untimely PAJA review, failure to exhaust internal remedies, writ not stale.
Administrative law – PAJA – s 7(1) time limit for review – late review and condonation; Administrative law – PAJA – requirement to exhaust internal remedies and exemption from exhaustion; Appeal – s 17 Superior Courts Act – reasonable prospects of success/compelling reasons for leave; Civil procedure – execution – Rule 66 and Prescription Act s 11(ii)(a) on duration/enforceability of writs; Costs – reserved costs and wasted costs occasioned by points in limine and amendments.
7 October 2025