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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.

3 judgments
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3 judgments
Citation
Judgment date
December 2015
P A Pearson (Pty) Ltd v eThekwini Municipality and Others (13270/2012) [2015] ZAKZDHC 93 (2 December 2015)
Reported
Whether s102(1)(b) permits a municipality to re-allocate payments between accounts of the same account holder.
Municipal systems act – s102(1)(b) – crediting payments – re-allocation of payments between separate accounts of same account holder; consolidation (s102(1)(a)) distinguished from re-allocation; section 118(3) (owner liability) irrelevant to s102(1)(b); statutory interpretation and constitutional considerations.
 2 December 2015
May 2015
Shelving Man (Pty) Ltd v Dawood and Others (3309/2015) [2015] ZAKZDHC 42 (20 May 2015)
Reported
Applicant entitled to mandament van spolie after court rejected respondent's consent defence as implausible.
Civil procedure — Spoliation (mandament van spolie) — Requirements: possession and wrongful deprivation — merits irrelevant unless substantive relief pursued. Abandonment of interlocutory/substantive relief prevents inquiry into title or substantive rights in spoliation proceedings. Motion proceedings — respondent's version may be rejected where it is so far‑fetched and untenable that it is demonstrably unworthy of credence. Relief — court may authorize Sheriff, SAPS and locksmith to give effect to spoliation order; costs including two counsel awarded.
 20 May 2015
April 2015
Minister of National Department of Rural Development and Land Reform v Tsuputse and Others (4127/2015) [2015] ZAKZDHC 35 (28 April 2015)
Reported
The High Court retained concurrent jurisdiction to hear an eviction over Matatiele magisterial district despite provincial boundary placement.
Civil procedure – jurisdiction – concurrent jurisdiction of High Courts over magisterial district lying in another province due to prior ministerial notices and preservation under s 50(1) of the Superior Courts Act. Land law – eviction – authorisation to serve notice under s 4(2) of the Prevention of Illegal Eviction and Unlawful Occupation of Land Act. Procedural discretion – removal of proceedings to a more convenient Division under s 27 of the Superior Courts Act.
 28 April 2015