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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.

4 judgments
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4 judgments
Citation
Judgment date
September 2010
Seevnarayan v Essack (6082/2002) [2010] ZAKZDHC 43 (21 September 2010)
Plaintiff’s contractual and delictual claims were prescribed once he became aware of the defendant’s conduct in July 1999.
Prescription — Prescription Act ss 12(1), 12(3) — accrual of debt when creditor has knowledge of debtor and facts — once-and-for-all principle — discovery of irrecoverability does not defer commencement — creditor cannot postpone prescription by own conduct.
 21 September 2010
Herald Investments Share Block (Pty) Ltd v Meer and Others; Meer v Body Corporate of Belmont Arcade and Another (2907/2010; 9768/2010) [2010] ZAKZDHC 39 (14 September 2010)
Where exclusive-use rights are not recognised by the Act, common-property maintenance costs must be shared pro rata by all owners.
Sectional Titles Act s 37(1)(b) – proviso construed to apply only to exclusive-use rights recognised by the Act (s27, s27A, s60(3)); common-property maintenance costs recoverable pro rata unless statutory exclusive-use right exists; body corporate meetings – rule 65 disqualification for unpaid "contributions" does not extend to unpaid interest where levies paid; administratorship under s46 is a drastic remedy requiring substantiated mismanagement.
 14 September 2010
S v Mkhize (CC 157/2010) [2010] ZAKZDHC 40 (14 September 2010)
Reported
Accused’s confession obtained during unlawful detention was excluded; remaining evidence insufficient for conviction, resulting in acquittal.
* Constitutional and criminal procedure – Section 35(1)(d) (right to be brought before court within 48 hours) and section 50 CPA – unlawful delay in bringing accused to court; effect on admissibility of evidence. * Confession – admissibility – voluntariness, undue influence and proper procedure; interpreter’s role. * Evidence – reliance on confession; insufficiency of remaining circumstantial and single-witness evidence to convict beyond reasonable doubt.
 14 September 2010
Growthpoint Properties Ltd v South Africa Commercial Catering and Allied Workers Union (SACCAWU) and Others (6467/2010) [2010] ZAKZDHC 38 (3 September 2010)
Reported
A landlord may obtain interdiction against excessively noisy picketing where such conduct unlawfully limits property and trade rights.
Picketing and nuisance; High Court jurisdiction over common-law nuisance and constitutional property rights despite concurrent labour dispute; landlord’s locus standi to protect tenants’ and public rights; interplay of LRA ss.67/69 with constitutional rights and proportionality; limits on noisy picketing; municipal bylaw breach not established.
 3 September 2010