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South Africa Case Law

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Family And Children [2025] ZALMPPHC 147

A.C.J.S v A.S (4216/2018)

A.C.J.S v A.S (4216/2018) [2025] ZALMPPHC 147 (31 July 2025)

Divorce judgment dismissing the wife’s claims for rehabilitative maintenance, a motor vehicle, and medical aid contribution. The settlement on children was made an order.

  • Rehabilitative Maintenance
  • Spousal Maintenance
  • Divorce Act Section 7
  • Primary Care And Residence
  • Medical Aid Contribution
  • Motor Vehicle Claim
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Delict [2025] ZAWCHC 327

S.D.N v Sunwest International (Pty) Ltd t/a Grand West Casino and Entertainment World (7659/2021)

S.D.N v Sunwest International (Pty) Ltd t/a Grand West Casino and Entertainment World (7659/2021) [2025] ZAWCHC 327 (31 July 2025)

The court found that the defendant, through its electrical and maintenance department, was vicariously liable for gross negligence. The exposed live wire near a busy public area and a water source posed a significant and foreseeable risk, especially to children. The defendant's employees failed to secure the area after the removal of the Christmas tree, disregarding instructions and failing to follow up on safety measures. The defendant did not call relevant witnesses to explain the failure, and the evidence established a conscious and voluntary disregard for reasonable care. The disclaimer a…

  • Gross Negligence
  • Vicarious Liability
  • Personal Injury
  • Public Premises Safety
  • Res Ipsa Loquitur
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Labour Law [2025] ZALCD 27

National Health Education and Allied Workers Union and Another v Mtati and Others (D131/2023)

National Health Education and Allied Workers Union and Another v Mtati and Others (D131/2023) [2025] ZALCD 27 (31 July 2025)

The court found that the arbitrator's decision to award compensation rather than reinstatement was not supported by the evidence. The arbitrator incorrectly concluded that reinstatement was impracticable due to redundancy, relying on speculative and hearsay evidence from a witness not employed by the respondent. The second applicant had consistently sought reinstatement, and there was no evidence that she preferred compensation or that her position was genuinely redundant. The delay in filing the review application was relatively short and largely explained, and there was no discernible preju…

  • Condonation
  • Unfair Dismissal
  • Remedies For Unfair Dismissal
  • Reinstatement
  • Compensation
  • Arbitration Review
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Civil Procedure [2025] ZAWCHC 316

Claremart Auctioneers (Pty) Ltd v Van Beuren and Others (18103/2021)

Claremart Auctioneers (Pty) Ltd v Van Beuren and Others (18103/2021) [2025] ZAWCHC 316 (30 July 2025)

High Court stay of execution granted pending leave to appeal, after respondents refused an undertaking and executed a warrant against the applicant.

  • Stay Of Execution
  • Leave To Appeal
  • Costs Order
  • Superior Courts Act
  • Uniform Rules Of Court
  • Stay-of-execution
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Civil Procedure [2025] ZAGPPHC 784

Shayimbvu v Road Accident Fund (Leave to Appeal) (039384/22)

Shayimbvu v Road Accident Fund (Leave to Appeal) (039384/22) [2025] ZAGPPHC 784 (30 July 2025)

The High Court dismissed a road accident claim for loss of earning capacity, finding the plaintiff failed to prove serious injury or diminished earning capacity.

  • Loss Of Earning Capacity
  • Burden Of Proof
  • Expert Evidence
  • Road Accident Claims
  • Loss-of-earning-capacity
  • Burden-of-proof
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Commercial And Corporate [2025] ZAWCHC 321

Van Dyk v DKD Machine Services (Pty) Ltd (Appeal) (25789/2024)

Van Dyk v DKD Machine Services (Pty) Ltd (Appeal) (25789/2024) [2025] ZAWCHC 321 (30 July 2025)

The court dismissed a winding-up application, finding no commercial insolvency and no just-and-equitable basis where exclusion followed the applicant’s resignation.

  • Winding Up Of Companies
  • Commercial Insolvency
  • Just And Equitable Ground
  • Locus Standi
  • Shareholder Disputes
  • Winding-up-of-companies
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Civil Procedure [2025] ZAGPJHC 752

Shapiro v Wolpe (2024/060632)

Shapiro v Wolpe (2024/060632) [2025] ZAGPJHC 752 (30 July 2025)

The High Court granted provisional sequestration against Jonathan Wolpe, finding a prima facie unjust enrichment claim, insolvency indicators, and advantage to creditors.

  • Provisional Sequestration
  • Unjust Enrichment
  • National Credit Act Compliance
  • Advantage To Creditors
  • Acts Of Insolvency
  • Provisional-sequestration
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Delict [2025] ZAMPMBHC 66

S.P.M v Road Accident Fund (A81/2024; 4636/2022)

S.P.M v Road Accident Fund (A81/2024; 4636/2022) [2025] ZAMPMBHC 66 (30 July 2025)

The court found that the deceased had voluntarily assumed the duty of support for his mother and minor siblings after the father abandoned the family. The appellant's evidence, corroborated by witnesses and an affidavit, established that she was indigent and dependent on the deceased's contributions. The court held that the absence of formal documentation was not fatal, given the realities of informal employment and the employer's confirmation of the deceased's earnings. The court applied reasonable contingency deductions as per the actuarial report and concluded that the appellant had discha…

  • Loss Of Support
  • Duty Of Support
  • Road Accident Fund Act
  • Contingency Deductions
  • Dependants Claim
  • Customary Law Application
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Land And Property [2025] ZAGPPHC 775

Moletji v Standard Bank of South Africa and Others (29793/2016)

Moletji v Standard Bank of South Africa and Others (29793/2016) [2025] ZAGPPHC 775 (30 July 2025)

The High Court dismissed an application to stop a sale in execution, holding the applicant lacked standing and had proven no valid sale agreement.

  • Sale In Execution
  • Locus Standi
  • Contract Of Sale
  • Mortgage Bond
  • Default Judgment
  • Sale-in-execution
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Civil Procedure [2025] ZAGPPHC 772

Mashinini v Minister of Correctional Services and Another (Ex Tempore) (2023-098939)

Mashinini v Minister of Correctional Services and Another (Ex Tempore) (2023-098939) [2025] ZAGPPHC 772 (30 July 2025)

Urgent contempt application over non-release on parole dismissed because the Minister was not cited personally and non-compliance was not shown to be mala fide.

  • Contempt Of Court
  • Parole Release
  • Personal Citation Requirement
  • Mala Fides
  • Urgent Interdict
  • Contempt-of-court
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.