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High Court of South Africa North-West, Mafikeng

The Judges currently  serving on duty at the North West High Court are:

  1. Hon. Judge President RD Hendricks
  2. Hon. Deputy Judge President Djaje
  3. Hon. Judge Petersen
  4. Hon. Judge Reid
  5. Hon. Judge Mfenyana
  6. Hon. Judge Reddy
3 judgments
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3 judgments
Citation
Judgment date
August 2023
Absa Bank v Van Zyl (M644/2022) [2023] ZANWHC 629 (29 August 2023) (Reasons)
An applicant may not set down a matter contrary to an existing postponement order; non‑compliance leads to striking from the roll and costs.
Civil procedure – motion proceedings – Postponement under Rule 41 binds parties until set aside – set down contrary to such order irregular. Uniform Rules – Rule 6(5)(d) and (f) – obligation on applicant to apply to Registrar for hearing date where no answering affidavit or notice delivered. Rule 30/30A – irregular step – procedural remedy for non‑compliance with court orders and Rules. Costs – non‑compliance attracts striking from roll and costs follow result.
 29 August 2023
Eldocrete (Pty) Ltd v Direlanang Construction and Others (M630/2023) [2023] ZANWHC 633 (15 August 2023) (Reasons)
Application dismissed for failure to prove municipal approval or delegation validating a cession of payment rights.
Municipal law – Procurement and cession agreements; requirement of municipal manager approval to alter supplier/contractor payment arrangements; delegation of authority; evidentiary burden to prove municipal undertaking to pay third party.
 15 August 2023
Ditsobotla Local Municipality v Carewell Holdings 5 (Pty) Ltd (1396/2022) [2023] ZANWHC 601 (10 August 2023)
A second urgent application duplicating a matter struck from the roll is an irregular step and must be dismissed; applicant may seek reinstatement.
Procedure — Rule 30 irregular proceedings — launching duplicate application after matter struck from roll is irregular; correct remedy is explanatory affidavit and reinstatement application. Civil procedure — Rule 7 authority — not determined after Rule 30 irregularity upheld. Urgent applications — striking from roll does not extinguish cause; applicant must correct defects before re-enrolment.
 10 August 2023