South Africa Case Law

Hartman v Road Accident Fund (4363/2011)

Hartman v Road Accident Fund (4363/2011) [2025] ZAWCHC 320 (30 July 2025)

Court

Western Cape High Court, Cape Town

Case number

4363/2011

Judge

Ralarala

The court found that the Plaintiff established on a balance of probabilities that the fatal collision was caused by a tyre abandoned on the roadway by an insured truck driver or owner. The evidence, though circumstantial, was credible and consistent, supported by independent witnesses who had no interest in the outcome. The Defendant failed to produce any evidence to the contrary and relied solely on denials and challenges to witness reliability, which were satisfactorily addressed. The court held that the truck driver or owner was negligent in failing to remove the tyre or warn other motoris…

Source excerpt

• Road Accident Fund Act
• Loss Of Support
• Negligence
• Circumstantial Evidence

Mgidlana v Postbank Soc Limited and Others (2025/117625)

Mgidlana v Postbank Soc Limited and Others (2025/117625) [2025] ZALCJHB 336 (30 July 2025)

Court

Labour Court Johannesburg

Case number

2025/117625

Judge

GC Phakedi

Urgent labor application struck off the roll for lack of urgency after the court found the delay self-created and noted several issues had already been resolved.

• Urgent Application
• Condonation
• Unlawful Withholding Of Benefits
• Costs Order
• Self Created Urgency
• Urgent-application

K.Y.M v S (Appeal) (CAB20/2024)

K.Y.M v S (Appeal) (CAB20/2024) [2025] ZANWHC 140 (30 July 2025)

Court

North West High Court, Mafikeng

Case number

CAB 20/2024

Judge

A Reddy

Appeal against refusal of bail upheld; the High Court granted bail on conditions after finding the magistrate misdirected herself on the evidence.

• Bail Application
• Exceptional Circumstances
• Judicial Discretion
• Interests Of Justice
• Judicial Notice
• Bail-appeals

Jamco Supplies CC v Preference Capital (Pty) Ltd (2025/103438)

Jamco Supplies CC v Preference Capital (Pty) Ltd (2025/103438) [2025] ZAGPJHC 758 (29 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/103438

Judge

BC Wanless

The court held that the perfection order granted to the respondent did not authorise the respondent or the sheriff to deny the applicant access to its business premises or to prevent it from trading. The language of the order was clear and did not contain any provision permitting the locking of the premises or exclusion of the applicant. The respondent could have sought such relief in its perfection application or approached the court for further relief, but failed to do so. The respondent's reliance on Contract Forwarding was misplaced, as the facts and the terms of the order in that case we…

Source excerpt

• Urgent Interdict
• Perfection Of Notarial Bond
• Access To Business Premises
• Interpretation Of Court Orders

Ngqushwa Local Municipality v SAMWU obo Mangesi and Others (2025/071747)

Ngqushwa Local Municipality v SAMWU obo Mangesi and Others (2025/071747) [2025] ZALCPE 14 (29 July 2025)

Court

Labour Court Port Elizabeth

Case number

2025/071747

Judge

C de Kock

The Labour Court granted Ngqushwa Local Municipality urgent relief staying enforcement of an arbitration award and accepted reduced security pending review.

• Stay Of Enforcement
• Security For Review
• Urgent Interdict
• Municipal Obligations
• Stay-of-enforcement
• Security-for-review

S v Mthethwa and Others (Sentence) (CC62/2021)

S v Mthethwa and Others (Sentence) (CC62/2021) [2025] ZAGPPHC 777 (29 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

CC62/2021

Judge

LA van Wyk

The court found that the accused's personal circumstances, including his period of pre-sentence detention, did not amount to substantial and compelling circumstances justifying deviation from the prescribed minimum sentences. The seriousness and number of offences, including two murders committed during the course of robbery and kidnapping, outweighed any mitigating factors. The accused's alleged mental illness was not substantiated by evidence and did not affect his ability to participate in the trial. The court held that the prescribed sentences were proportionate to the crimes committed an…

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• Minimum Sentencing
• Aggravating Circumstances
• Kidnapping
• Robbery With Aggravating Circumstances
• Murder
• Pre Sentence Detention

Chivambo v Road Accident Fund (2021/54368)

Chivambo v Road Accident Fund (2021/54368) [2025] ZAGPJHC 756 (29 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2021/54368

Judge

Botsi-Thulare

High Court RAF quantum judgment awarding general damages and future medical expenses, but dismissing past and future loss of earnings for insufficient proof.

• Road Accident Fund Act
• General Damages
• Loss Of Earning Capacity
• Future Medical Expenses
• Road-accident-fund
• General-damages

Hay v Road Accident Fund (2019/5932)

Hay v Road Accident Fund (2019/5932) [2025] ZAGPJHC 278 (14 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

46032/2018

Judge

Wilson

The applicants withdrew a rescission application. The High Court ordered them to pay costs on the attorney-and-client scale because of a contractual costs clause and the way the case was pursued.

• Costs Scale
• Mortgage Enforcement
• Costs-scale
• Mortgage-enforcement
• Withdrawal-of-application
• Rescission

Wilgeheuwel Retirement Village (Pty) Ltd v Volschenk (5904/2024)

Wilgeheuwel Retirement Village (Pty) Ltd v Volschenk (5904/2024) [2025] ZAWCHC 322 (29 July 2025)

Court

Western Cape High Court, Cape Town

Case number

5904/2024

Judge

Da Silva Salie

The High Court dismissed a Rule 30 application to strike out allegedly irregular affidavits, finding no real prejudice and that condonation issues belong in the main liquidation matter.

• Rule 30 Irregular Steps
• Condonation Of Late Affidavits
• Commissioner Of Oaths Requirements
• Rule-30
• Irregular-procedural-steps
• Condonation

Van Den Heever N.O and Another v Merchant Commercial Finance 1 (Pty) Ltd t/a Merchant Factors and Another (7595/2024)

Van Den Heever N.O and Another v Merchant Commercial Finance 1 (Pty) Ltd t/a Merchant Factors and Another (7595/2024) [2025] ZAWCHC 317 (29 July 2025)

Court

Western Cape High Court, Cape Town

Case number

7595/2024

Judge

Mangcu-Lockwood

The court held that sections 348 and 341(2) of the Companies Act 1973 apply to winding-up orders granted under section 130(5)(c) of the Companies Act 2008. The deeming provision in section 348 operates to fix the commencement of winding-up at the date of presentation of the application, regardless of whether the application is brought under the 1973 or 2008 Act. The payments made by JPK to Merchant after the presentation of the winding-up application are rendered void by the retrospective effect of section 341(2), as they undermine the concursus creditorum and the rights of other creditors. T…

Source excerpt

• Winding Up Of Companies
• Void Dispositions
• Concursus Creditorum
• Business Rescue Conversion
• Companies Act 1973
• Companies Act 2008