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Cited for the principle that courts should act with restraint when dealing with allegations of unlawful conduct against sovereign states, and for procedural…
Cited for Schutz JA's remarks about unnecessarily prolix replying affidavits and the need for courts to take action against such abuse of process.
Cited for the test for determining wrongfulness of omissions in delictual actions for damages.
Distinguished on the basis that it involved a single act of expropriation, whereas the present case involves wrongful conduct still in the course of being…
The court applies the balancing exercise for the interests of justice enquiry, considering finality, definitive determination of rights, disposal of issues,…
Court applies Holmes JA's statement that public policy requires a curb against trafficking in essentially personal claims when determining whether a claim can…
Cited for the principle that whether a cession was intended to be in securitatem debiti is a conclusion of law.
Cited to distinguish between 'interest in the claim' and 'interest in the result of the litigation' and the cedability of a right to satisfaction after litis…
Applied for the two-stage approach to constitutional challenges based on rights in the Bill of Rights.
This is the High Court judgment the Constitutional Court is reviewing for confirmation; the Constitutional Court found the application for confirmation was…
The court applies the summary of considerations for appealability set out in this case, including finality, definitiveness, disposal of substantial portion of…
Cited for the two-stage approach to determining constitutionality: whether there is a limitation of rights, and if so, whether the limitation can be justified.
Cited for the principles relevant in determining whether an order is appealable, including whether the relief granted was final in its effect, definitive of…
Cited for the legal position on transmissibility of claims for non-patrimonial damages when litis contestatio is reached.
This Court applied the principle that the correct interpretation of a cession is a question of law, permitting Engen to raise the issue for the first time on…
Court applies the principle that there is no checklist of requirements for appealability and that several considerations need to be weighed up, including…
Cited for the proposition that section 14 of the Prescription Act contemplates an acknowledgment of liability to the creditor or his agent.
Authority on the test for severability of unconstitutional provisions.
The court cites this judgment for the proposition that a cession after litis contestatio involves ceding an interest in the result of the litigation rather…
The Land Claims Court awarded Ms Florence R1,498,890 as equitable redress, comprising R1,488,890 as compensation for loss of the right in land (calculated…
Court applies the interpretation that 'debt arising from a bill of exchange' means a debt which has its source or origin in a bill of exchange.
On 29 July 2008, Prinsloo J granted the first order declaring the government's failure to rationally consider the respondent's application for diplomatic…
Cited to show that provisions plainly inconsistent with the Constitution and indefensible need not be suspended even for a limited period.
Applied for the principle that an acknowledgement of liability, to interrupt prescription, must be given by a debtor to a creditor or the creditor's agent.
Court refers to its own earlier judgment which discussed the method of assessment and the first part of the enquiry in placing claimants in the position they…
Referred to in the Joseph case for the principle that later provisions of a general enactment prevail over inconsistent earlier ones.
Cited for the principle that reasonableness in the context of wrongfulness concerns the reasonableness of imposing liability on the defendant, not the…
Applied for the two-stage test to determine whether a provision infringes a constitutional right: first, whether the provision limits a right and second,…
Cited for the principle that implied repeal should not readily be inferred; the Legislature does not intend to alter existing law more than necessary.
Cited in a footnote by Froneman J as an example of decisions in the Supreme Court of Appeal that do not appear to be altogether harmonious on the interplay…
Cited for the principle that the same conduct may be lawful towards one person but unlawful towards another.
Cited for reluctance to depart from precedent.
Court applies Coetzee to find the impugned provisions overbroad because they fail to require exhaustion of less invasive alternatives, and to set out the test…
Cited for the principle that the notion of an open and democratic society furnishes normative ideals for testing impugned norms and conduct, and for the test…
The Court cited Matiso regarding the common law distinction between orders ad solvendam pecuniam (to pay money) and orders ad factum praestandum (to perform a…
Cited for the test that whether a representation can be inferred from conduct depends on whether that representation is the most likely inference to be drawn…
Applied the multi-factor approach to appealability, including finality, convenience, delay, expedience, prejudice, and justice.
This case is cited as an example to show that government may be cited instead of a political head in a claim against the state.
Court cites Grootboom for the proposition that all rights in the Bill of Rights are inter-related and mutually supporting.
Cited for principle that claim for pain and suffering is not transmitted to estate unless litis contestatio reached, and that defamation claim dies with…
Applied for the principle that there is no checklist for appealability, and several considerations must be weighed, including finality, definitiveness,…
Followed for the principle that a claim terminates upon death where it cannot be ceded even after litis contestatio.
The court relies on this case as an example of an application for payment of legal fees and disbursements under section 29(4) that was decided on application…
Applied for the settled principle that a claim for general damages is not transmissible unless litis contestatio has been reached.
Cited to confirm that Moutse was described as a district in court judgments.
Cited for the principle that if a first order is wrong in law, a second order arising from and given in consequence of the first is legally untenable and has…
The Court cited Van Zyl for the principle that review proceedings must ordinarily be brought under rule 53 unless they fall within the purview of PAJA.
Cited for the concept that litis contestatio freezes the plaintiff's rights as at close of pleadings.
The case is applied to explain that reasonableness must be understood within the context of the Bill of Rights, and that the Court found a housing programme…
Cited for the principle that the question is whether it is in the interests of justice that an order be corrected.
Distinguished in Barnett to show the difference between a single act of deprivation in the past and ongoing wrongful conduct depriving possession.
Cited for the principle that the imposition of delictual liability requires applying a general criterion of reasonableness based on morality, policy, and the…
The Court applies the test for severability from Coetzee to determine whether section 16(2)(a) can be severed.
Cited for the test of severability: if the good is not dependent on the bad and can be separated from it, one gives effect to the good that remains after the…
Cited for the extensive discussion by Sachs J of the interpretation of 'necessary' in international human rights instruments and the proportionality principle.
This case is cited regarding the two-stage limitation analysis approach.
The court applies the test for wrongfulness based on reasonableness, morality, policy and legal convictions of the community as set out at pages 367-369.
Cited to illustrate the two-stage enquiry adopted when determining whether a statutory provision limits a constitutional right and whether the limitation is…
Applied for the two-part test for severability: whether it is possible to sever the invalid provisions and, if so, whether what remains gives effect to the…
Applied for the modern approach to appealability, which requires weighing multiple considerations including finality, definitiveness, disposal of relief,…
Cited for the principle that foreseeability of damage may be a factor in establishing whether or not a particular act was wrongful.
The court applies the principle that repeal by implication is not to be lightly inferred.