South Africa Case Law

Jabula Bleggings (Pty) Ltd and Others v Van Der Nist and Others (2025/108623)

Jabula Bleggings (Pty) Ltd and Others v Van Der Nist and Others (2025/108623) [2025] ZAKZPHC 69 (30 July 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

2025/108623

Judge

PC Bezuidenhout

The court found that the Applicants failed to establish urgency beyond self-created circumstances and did not satisfy the requirements for a Mareva injunction. There was no evidence that Respondents intended to dissipate assets or frustrate any claim. The property remained registered in the names of First and Second Respondents, and any claims for breach of contract or damages could be resolved in the pending action. The application was substantially similar to previous proceedings dismissed on the merits, rendering the matter res judicata. The resignation of First Respondent as director of F…

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• Interim Interdict
• Mareva Injunction
• Buy Back Clause
• Urgent Application
• Contractual Dispute

Engen Petroleum (Pty) Ltd v Link Oil and Lubricants (Pty) Ltd (2024/134408)

Engen Petroleum (Pty) Ltd v Link Oil and Lubricants (Pty) Ltd (2024/134408) [2025] ZAGPJHC 749 (30 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/134408

Judge

H A van der Merwe

The respondent's own communications admitted indebtedness to the applicant and inability to pay. No answering affidavit was filed to dispute these facts. The respondent has vacated its principal place of business and has no employees at its registered address. The court found that the respondent is commercially insolvent and that the applicant, as an unpaid creditor, is entitled to a final winding-up order. The discretion to refuse such an order is very narrow and no special circumstances were shown to justify refusal.

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• Company Liquidation
• Commercial Insolvency
• Acknowledgement Of Debt

Haman v Kempton Motor Group Trust t/a Pugeot Edenvale and Others (JR2143/15)

Haman v Kempton Motor Group Trust t/a Pugeot Edenvale and Others (JR2143/15) [2025] ZALCJHB 332 (30 July 2025)

Court

Labour Court Johannesburg

Case number

JR2143/15

Judge

Lennox

The Labour Court dismissed a review of an arbitration award, finding no record-based basis to fault the commissioner’s handling of representation, procedure, or the fairness findings.

• Review Of Arbitration Award
• Procedural Fairness
• Substantive Fairness
• Representation Rights
• Consistent Application Of Discipline
• Labour-law

Ntuli v S (128/2023)

Ntuli v S (128/2023) [2025] ZASCA 114 (30 July 2025)

Court

Supreme Court of Appeal

Case number

128/2023

Judges

Matojane, Unterhalter, Koen, Coppin, Dawood

The Supreme Court of Appeal held that the State did not indicate in the charge sheet, nor at any stage of the proceedings, that it intended to rely on the doctrine of common purpose in respect of the attempted murder counts. The evidence presented was contradictory regarding the appellant's direct participation, and the State's case was prosecuted on the basis of individual culpability. The full court erred in confirming the convictions by applying common purpose, as the appellant was not forewarned and could not properly defend himself against that basis for conviction. This amounted to a vi…

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• Common Purpose
• Fair Trial Rights
• Charge Sheet Requirements
• Minimum Sentences Act
• Bill Of Rights Limitation

Mabona v Exarro Ferroalloys (Pty) Ltd and Others (JR590/23)

Mabona v Exarro Ferroalloys (Pty) Ltd and Others (JR590/23) [2025] ZALCJHB 328 (30 July 2025)

Court

Labour Court Johannesburg

Case number

JR590/23

Judge

M Lennox

The Labour Court reviewed and set aside a CCMA arbitration award after finding the commissioner failed to properly manage evidence relevant to fairness and consistency.

• Review Of Arbitration Award
• Conflict Of Interest
• Procedural Fairness
• Inconsistency In Dismissal
• Labour-law
• Ccma-review

Simon v S (Appeal) (A06/2024)

Simon v S (Appeal) (A06/2024) [2025] ZALMPPHC 142 (30 July 2025)

Court

Limpopo High Court, Polokwane

Case number

A06/2024

Judges

Kganyago, Diamond

High Court appeal dismissed in a murder conviction. The court held that the appellant’s private-defence version was not reasonably possibly true.

• Murder
• Private Defence
• Criminal Procedure Act
• Majority Decision
• Burden Of Proof
• Private-defence

OSZ Tayob Trading Pietersburg (Pty) Ltd t/a EH Hassim v Ramusi and Others (Leave to Appeal) (4307/2022)

OSZ Tayob Trading Pietersburg (Pty) Ltd t/a EH Hassim v Ramusi and Others (Leave to Appeal) (4307/2022) [2025] ZALMPPHC 144 (30 July 2025)

Court

Limpopo High Court, Polokwane

Case number

4307/2022

Judge

M.I. Mangena

The High Court refused leave to appeal against an order authorising execution against immovable property, holding the alleged errors did not undermine the substantive order.

• Leave To Appeal
• Special Executability
• Joinder
• Rule 46a
• Estate Liability
• Leave-to-appeal

Department of Military Veterans v Public Service Association and Others (JR630/2023)

Department of Military Veterans v Public Service Association and Others (JR630/2023) [2025] ZALCJHB 333 (30 July 2025)

Court

Labour Court Johannesburg

Case number

JR630/2023

Judge

Prinsloo

The Labour Court granted condonation for a late review application, finding the delay inordinate but the prospects of success and interests of justice sufficient.

• Condonation
• Review Of Arbitration Award
• Default Award
• Unfair Labour Practice
• Promotion Dispute
• Labour-court-review

Sigogo (2025-117399), Ex parte

Sigogo (2025-117399), Ex parte [2025] ZAGPPHC 769 (30 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025-117399

Judge

E van der Schyff

The High Court dismissed an urgent ex parte application to preserve estate funds and obtain bank statements, holding that the applicant lacked locus standi.

• Locus Standi
• Estate Administration
• Preservation Of Funds
• Principal Agent Relationship
• Locus-standi
• Estate-administration

Marais v Road Accident Fund (2540/2021)

Marais v Road Accident Fund (2540/2021) [2025] ZAWCHC 324 (30 July 2025)

Court

Western Cape High Court, Cape Town

Case number

2540/2021

Judge

Cloete

The High Court held the RAF liable for disputed accident-related medical expenses and ordered an unrestricted section 17(4)(a) undertaking for future care.

• Road Accident Fund Act
• Quantum Of Damages
• Future Medical Expenses
• Prescribed Minimum Benefits
• Statutory Undertaking
• Hospital Plan Vs Medical Aid