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.

12 judgments

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12 judgments

Citation	Judgment date
November 2013
CH Offshore Ltd v PDV Marina SA and Others (A 113/2013) [2013] ZAKZDHC 62 (5 November 2013) Whether a bareboat/demise charterer’s possessory rights in a vessel are attachable ‘property’ under s 5(3) AJRA. Admiralty jurisdiction – s 5(3) AJRA – security arrests – whether a demise/bareboat charterer’s possessory rights constitute attachable ‘property’ – distinction between contractual rights and real property rights – situs of charter rights – executability and commercial value of seized rights.	5 November 2013
October 2013
Astral Operations Ltd v Nambitha Distributors (Pty) Ltd; Astral Operations Ltd v O (13794/2011; 689/2013) [2013] ZAKZDHC 57 (15 October 2013) Reported S65(2) ouster limited to Chapter 2 prohibited practices; contractual clauses not referable absent close relation to the prohibited practice. Competition Act s 65(2) – ouster of court’s jurisdiction limited to Chapter 2 prohibited practices (s 4, s 5, s 8, s 9); referral obligations and criteria. Competition Act s 58(1)(a)(vi) – Tribunal may declare whole or part of agreement void only where the provision is integral or ancillary to the prohibited practice. Interpretation of 'action' in s 65(2)(b)(ii) – referral required only when resolution of the prohibited-practice issue is necessary to determine the civil claim; counterclaims do not automatically enlarge this obligation. Pleading requirements – a counterclaim seeking referral must allege connection and likely Tribunal outcomes.	15 October 2013
September 2013
Hume Housing v Hibiscus Coast Municipality (13433/2011) [2013] ZAKZDHC 48 (13 September 2013) A prior judgment interpreting an order on expropriation valuation bound the applicant; res iudicata upheld, claim adjourned. Civil procedure — res iudicata / issue estoppel — prior judgment interpreting an earlier court order binds subsequent proceedings where same parties, cause and relief involved; Expropriation Act s12(5) — factors in calculating compensation include disregarding enhancements from unlawful occupation.	13 September 2013
August 2013
Actebis 319 CC v Bamboo Rock 1115 CC (12237/2012) [2013] ZAKZDHC 44 (28 August 2013) Landlord’s cancellation unlawful where prior tolerance of late rent and withheld amount did not justify summary rescission. Lease law; mora ex re (default by fixed date); modification by conduct/estoppel from acceptance of late payments; absence of lex commissoria; need for notice of rescission specifying time to remedy; withholding rent not per se repudiation or material breach.	28 August 2013
June 2013
M G B v D E B (4316/2013) [2013] ZAKZDHC 33 (21 June 2013) Reported Respondent must prove excluded antenuptial assets; applicant awarded half the accrual and half of the FH T loan. Matrimonial property — accrual calculation; onus — spouse in possession must prove excluded assets and their present values; admissibility — use of discovered tax returns and hearsay under s 3(1) Law of Evidence Amendment Act; disclosure obligations — adverse inferences and reasonable quantification where disclosure is deficient; timing — accrual can be determined in divorce proceedings; interim maintenance and costs allocation.	21 June 2013
May 2013
Wilberry (Pty) Ltd t/a Ecowash v Spring Forest Trading 599 CC and Another (2994/2013) [2013] ZAKZDHC 37 (31 May 2013) Whether email exchanges can validly cancel a written contract requiring signed variation, and whether estoppel applies. Contract law – contractual formalities (entrenchment clause) requiring written signed variation/cancellation; Electronic Communications and Transactions Act – limits on using emails/signatures to satisfy contractual signature requirements; Estoppel – requirements of representation and reasonable reliance; Interim interdict – balance of convenience and absence of alternative remedy to prevent competitive harm.	31 May 2013
eThekwini Municipality v Admed Investments CC and Others (2604/2012) [2013] ZAKZDHC 27 (8 May 2013) Court dismissed constitutional counter‑application for failure to comply with Rule 16A and ordered removal of unlawful billboard. Advertising bylaws and statutory regulation; municipal control of outdoor advertising; Rule 16A(1) compliance for constitutional challenges; condonation principles; dismissal of defective counter‑application; interdict and removal of unauthorised billboard; costs in commercial constitutional litigation.	8 May 2013
April 2013
Chiliza v Govender and Another (1603/2012) [2013] ZAKZDHC 14 (29 April 2013) Reported Failure to serve the provisional sequestration order on SARS was not fatal where the petition had been served and the statutory purpose was achieved. Insolvency Act — service on SARS — s11(2A)(c) (provisional order) — interpretation of "must" — peremptory vs directory; distinction from s9(4A) (affidavit of service); purposive/substantial compliance approach; court discretion to require service of provisional order; practical recommendation to serve provisional order to avoid costs.	29 April 2013
S v Singh (DR 157/2013) [2013] ZAKZDHC 9 (5 April 2013) Reported Magistrates must not use s304(4) special review as a vehicle for defence counsel’s de facto appeal. Criminal procedure – Section 304(4) Criminal Procedure Act – limits on magistrate-initiated special review; requirement that proceedings be stated as not in accordance with justice. Abuse of process – procurement of transcript at State expense and supply to defence; magistrate acting as agent for accused. Review under section 24 Supreme Court Act and Rule 53 – party-driven application on oath. Constitutional law – section 173 inherent jurisdiction – not to be exercised where ordinary remedies not exhausted. Practice – magistrates should avoid correspondence with legal representatives post-disposal that may compromise administration of justice.	5 April 2013
March 2013
Sino West Shipping Co Ltd v NYK-Hinode Line Ltd (A 56/2012) [2013] ZAKZDHC 7 (8 March 2013) Court found the arrested vessel was an associated ship under the Admiralty Act because voting control linked the companies. Admiralty — Associated ship (s 3(6) & (7)) — Meaning of "power, directly or indirectly, to control" — De jure vs de facto control — Registered shareholder and voting power decisive — Nominee/share-transfer arrangements and circumstantial evidence to infer control — Arrest for security pending foreign arbitration.	8 March 2013
January 2013
Twelve Apostles Church in Christ and Another v Twelve Apostles Church in Christ and Others (11249/2010) [2013] ZAKZDHC 6 (16 January 2013) Applicants’ fresh account application dismissed as duplicative while contempt proceedings over non-compliance remain pending. Civil procedure – enforcement of prior order – obligation to render accounts – sufficiency and particularity of accounts required for debatement. Civil contempt – appropriate remedy to compel compliance; coercive and punitive elements; suspension and coercion considered. Lis pendens/duplication – parallel or duplicative proceedings vexatious; court discretion to allow earlier pending proceeding to conclude. Accounting claims – right to due and proper account where funds belonging to applicant were handled by respondents.	16 January 2013
Mtunzini Conservancy v Tronox KZN Sands (Pty) Ltd and Another (10629/2012) [2013] ZAKZDHC 1 (8 January 2013) Reported Court held pre-2008 mining authorised under the Minerals Act did not require provincial planning permission; interdict dismissed. Mining law – interaction of national Minerals Act and provincial planning legislation – scope of "development" in Town Planning Ordinance – old-order legislation and Schedule 6 transitional effect – Maccsand distinguished – interdict refused; costs awarded including two counsel.	8 January 2013