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The Commercial Case Law Index is a collection of judgments from African countries on topics relating to commercial legal practice. The collection aims to provide a snapshot of commercial legal practice in a country, rather than present solely traditionally "reportable" cases. The index currently covers 400 judgments from Uganda, Tanzania, Nigeria, Ghana and South Africa.
Get started on finding judgments that are relevant to you by browsing the topic list on the left of the screen. Click the arrows next to the topic names to reveal a detailed list of sub-topics. Most judgments are accompanied by a short summary written by subject-matter expert postgraduate students from the University of Cape Town.
Uramin Incorporated v Perie (28154/2011) [2013] ZAGPJHC 314; (11 December 2013); 
CL Index Interdict Injunctions and interdicts Civil Remedies Structural Interdict Injunctions and interdicts Civil Remedies Evidence Via Video-Link Evidence LawAgri Eastern Cape and Others v MEC for the Department of Roads and Public Works and Others (3928/2015)[2017] ZAECGHC 20 (28/02/2017) CL Index Interdict Injunctions and interdicts Civil Remedies Structural Interdict Injunctions and interdicts Civil RemediesApplication focused on the poor conditions and lack of maintenance and repair of the roads network of the farming communities of the Eastern Cape and the socio-economic effects that follow. The applicants sought a structural interdict against the respondents which would have the effect of declaring them legally obliged to repair roads in the province, along with an order that the obligations be complied with and the submission of reports illustrating the steps to be taken to fulfil the obligations.
Upon objection by the respondents, the court considered whether a structural interdict was appropriate in such circumstances and whether a constitutional or statutory basis for seeking such an interdict existed. The court held that there was a constitutional and statutory basis for a structural interdict.
According to s 125(2)(a) of the Constitution the premier, along with the executive council, exercise executive authority through the implementation of provincial legislation, thus failure to repair roads meant that the rights to education and access to health care were indirectly affected. In addition, s 3 of the act encompasses an obligation to use power which rests only on the MEC or persons delegated thereby.
Accordingly, the application and draft order of the applicants were both substantially successful as time frames were included by the court. A comprehensive order is set out in para 48 of the judgement. The first and second respondents were ordered to pay costs of application, including all reserved costs.