South Africa Case Law

Lifestyle Hospitality CC v Vesperdene Mews Body Corporate (3644/22)

Lifestyle Hospitality CC v Vesperdene Mews Body Corporate (3644/22) [2025] ZAWCHC 332 (5 August 2025)

Court

Western Cape High Court, Cape Town

Case number

3644/22

Judge

Bosch

The court found that the issues raised by the special pleas of prescription and settlement are not sufficiently discrete from the merits of the main action. There is a substantial risk of overlapping evidence, duplication, and potential delays, especially given the ongoing nature of the alleged nuisance and the possibility of appeals. The evidence required for the special pleas would likely be relevant to the merits, and separating them would not result in significant savings of time or costs. The court exercised its discretion to refuse the separation, concluding that it would not be conveni…

Source excerpt

• Separation Of Issues
• Rule 33 4
• Prescription
• Settlement Agreement
• Standing
• Nuisance

Lebea v Seromo (2025/030885)

Lebea v Seromo (2025/030885) [2025] ZAGPJHC 766 (5 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/030885

Judge

Nieuwoudt

The High Court granted an order changing a minor child’s surname and amending the birth registration, holding that lebola payment disputes were irrelevant to the relief sought.

• Children Act Section 21
• Parental Rights And Responsibilities
• Change Of Child Surname
• Customary Law Marriage
• Birth Registration
• Children-act

Pienaar and Another v Cowens and Another (11933/2020)

Pienaar and Another v Cowens and Another (11933/2020) [2025] ZAWCHC 334 (5 August 2025)

Court

Western Cape High Court, Cape Town

Case number

11933/2020

Judge

Mapoma

The High Court refused leave to amend a claim to add fraudulent misrepresentation, finding the new cause of action prescribed and prejudicial to the defendants.

• Amendment Of Pleadings
• Prescription Act
• Fraudulent Misrepresentation
• Consumer Protection Act
• Prejudice In Amendment
• Costs Of Amendment

Gert Sibande District Municipality v Bonginkosi Technologies (Pty) Ltd (5459/2022)

Gert Sibande District Municipality v Bonginkosi Technologies (Pty) Ltd (5459/2022) [2025] ZAMPMHC 37 (4 August 2025)

Court

Middelburg High Court, Mpumalanga

Case number

5459/2022

Judge

Langa

The High Court granted leave to appeal to the Full Court after finding the applicant had shown reasonable prospects of a different outcome.

• Leave To Appeal
• Review Of Tender Award
• Service Level Agreement
• Declaratory Relief
• Costs Award
• Leave-to-appeal

Lesedi Local Municipality v Heidelberg Beer Festival CC (2025/040312)

Lesedi Local Municipality v Heidelberg Beer Festival CC (2025/040312) [2025] ZAGPJHC 755 (4 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/040312

Judge

Makamu

The High Court granted Lesedi Local Municipality urgent relief against an unlawfully occupying tenant, ordering it to stop trading and vacate the premises.

• Unlawful Occupation
• Eviction
• Municipal Contracts
• Urgent Interdict
• Unlawful-occupation
• Municipal-contracts

Garachv v African Bank Holdings Limited (2025/114171)

Garachv v African Bank Holdings Limited (2025/114171) [2025] ZALCD 30 (4 August 2025)

Court

Labour Court Durban

Case number

2025/114171

Judge

B Whitcher

The Labour Court held that the employee’s dismissal was unlawful and ordered reinstatement pending a proper disciplinary hearing under the employer’s code.

• Specific Performance
• Disciplinary Code Compliance
• Unlawful Dismissal
• Contractual Rights In Employment
• Unlawful-dismissal
• Specific-performance

Sheriff of High Court, Halfway House v Maepa (21581/2022)

Sheriff of High Court, Halfway House v Maepa (21581/2022) [2025] ZAGPJHC 764 (4 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

21581/2022

Judge

WJ du Plessis

The High Court set aside a prior sale in execution and authorised the Sheriff to resell the immovable property, finding nojoinder and demand objections unpersuasive.

• Sale In Execution
• Joinder Of Parties
• Mora Ex Re
• Rule 46
• Costs Order
• Sale-in-execution

Paredes-Tarazona v Worley Parsons South Africa (Pty) Ltd (23347/2014)

Paredes-Tarazona v Worley Parsons South Africa (Pty) Ltd (23347/2014) [2025] ZAGPJHC 753 (4 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

23347/2014

Judge

C Georgiades

The High Court dismissed an employee’s claim after finding no contract with the defendant and no basis for estoppel, with costs awarded against him.

• Section 197 Transfer
• Employment Contract
• Joinder Of Parties
• Retrenchment
• Estoppel
• Section-197-transfer

Slim B and D Construction (Pty) Ltd v Caterpillar Financial Services (Pty) Ltd (105847/2024)

Slim B and D Construction (Pty) Ltd v Caterpillar Financial Services (Pty) Ltd (105847/2024) [2025] ZAGPPHC 780 (4 August 2025)

Court

North Gauteng High Court, Pretoria

Case number

105847/2024

Judge

MP Kumalo

The court held that the respondent was bound by its settlement offer and ordered transfer of the equipment to the applicant, rejecting the unilateral mistake defence.

• Instalment Sale Agreement
• Unilateral Mistake
• Ownership Transfer
• Settlement Agreement
• Unilateral-mistake
• Settlement-agreements

Scholtz and Another v TMA Express Road (Pty) Ltd and Another (2025/071413)

Scholtz and Another v TMA Express Road (Pty) Ltd and Another (2025/071413) [2025] ZAGPJHC 750 (4 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/071413

Judge

DJ Smit

The court held that the restraint of trade clause was not overly broad, as its purpose is to prevent a former employee from exploiting customer connections, and the collateral effect of prohibiting dealings with new customers is justified. The order did not create a new contract but reflected the wide ambit of the restraint clause itself. The court found that a reasonable apprehension of harm, rather than proof of actual breach, is sufficient for a final interdict regarding confidential information. The facts demonstrated a risk of harm, including Mr Scholtz's possession and use of customer c…

Source excerpt

• Restraint Of Trade
• Confidential Information
• Final Interdict
• Urgent Application