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High Court of South Africa KwaZulu-Natal, Durban

The KwaZulu-Natal Division of the High Court of South Africa is a superior court of law with general jurisdiction over the KwaZulu-Natal province of South Africa. The main seat of the division is at Pietermaritzburg, while a subordinate local seat at Durban has concurrent jurisdiction over the coastal region of the province.

5 judgments
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5 judgments
Citation
Judgment date
August 2010
BMW Financial Services (SA) (Pty) Ltd v Mudaly (16975/2009) [2010] ZAKZDHC 35 (20 August 2010)
Reported
Whether the steps in s129/s130 bar debt review and permit cancellation and repossession of the vehicle.
National Credit Act — s86(2) interpretation; s129(1)(a) notice versus s129(1)(b) and s130 pre-litigation steps; effect of service of magistrates’ application under s86(8)(b); termination of debt review under s86(10); over-indebtedness (s79) and relief under s85/s87; adequacy and realism of debt counsellor restructuring proposals.
 20 August 2010
JMV Textiles (Pty) Ltd v De Chalain Spareinvest 14 CC and Others (15136/2009) [2010] ZAKZDHC 34 (20 August 2010)
Reported
Whether ordinary supplier credit arrangements are incidental credit agreements, exempting the plaintiff from NCA registration and related defences.
National Credit Act – s 40 registration requirement – distinction between incidental credit agreement and credit facility (s 8(3)) – ordinary supplier credit (payment in full, interest only on default) not a credit facility – s 89 consequences of unregistered credit provider inapplicable. Section 129(1)(a) notice – adequacy. Jurisdiction clause – consent to Magistrates’ Court not nullify High Court jurisdiction. Suretyship – waiver of excussion and co-principal debtor status; s 90 inapplicable where deed is not a credit guarantee (s 8(5)).
 20 August 2010
Mudaly v Gwala and Others (13673/2009) [2010] ZAKZDHC 33 (17 August 2010)
Reported
Risk of prosecution alone does not confer standing to challenge search warrants absent a connection to seized items or premises.
Constitutional law – standing under section 38 – challenge to search and seizure warrants – whether mere risk of prosecution confers locus standi; Criminal procedure – search and seizure – warrants executed at investigative stage – challengeability in interlocutory proceedings; Precedent – interplay between Zuma (SCA) and Constitutional Court authority on standing; Remedies – objection to admissibility of evidence and requests for particulars are appropriate at trial or by interlocutory pleadings.
 17 August 2010
Maharaj v Sanlam Life Insurance Ltd and Others (3510/2010) [2010] ZAKZDHC 32 (16 August 2010)
Reported
Spouse married in community of property may be jointly liable and insurer may set off liquidated reciprocal claims against ceded policy proceeds.
Matrimonial Property Act ss15, 17 – consent to spouse’s contract – joint estate – joint and several liability for debts incurred for or in earning income for joint household – set-off – cession – liquidated reciprocal debts – sequestration does not extinguish solvent spouse’s liability.
 16 August 2010
Koker v Minister of Safety and Security (5676/2007) [2010] ZAKZDHC 31 (13 August 2010)
Reported
Unclear police identification and disproportionate hot pursuit made the subsequent arrest and detention unlawful, entitling plaintiff to damages.
Police powers – hot pursuit and identification – reasonable suspicion versus proportionality of response; unlawful arrest and detention where identification unclear and less risky procedures not used; breach of Standing Order 341; damages awarded.
 13 August 2010