South Africa Case Law

Mabela v S (Appeal) (A15/2024)

Mabela v S (Appeal) (A15/2024) [2025] ZALMPPHC 141 (29 July 2025)

Court

Limpopo High Court, Polokwane

Case number

A15/2024

Judges

Kganyago, Diamond

The court found that the appellant had inflicted grievous bodily harm on the complainant during the commission of rape, triggering the minimum sentence of life imprisonment under the Criminal Law Amendment Act. The appellant failed to demonstrate substantial and compelling circumstances warranting deviation from the prescribed sentence. His lack of remorse, refusal to accept responsibility, and the aggravating factors—including breach of trust, brutality, and the prevalence of such offences—outweighed any mitigating factors. The appellant’s personal circumstances, including his youth and stat…

Source excerpt

• Rape
• Minimum Sentencing
• Substantial And Compelling Circumstances
• Remorse
• Grievous Bodily Harm

G.M. v N.T. and Another (123653/2024)

G.M. v N.T. and Another (123653/2024) [2025] ZAGPJHC 769 (29 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

123653/2024

Judge

Wilson

The High Court referred a dispute over the validity and possible dissolution of an alleged customary marriage to trial because the papers were insufficient to decide the issues.

• Customary Marriage
• Validity Of Marriage
• Customary Law Divorce
• Evidence Insufficiency
• Customary-marriage
• Customary-law

Hazan v Minister of Home Affairs and Others (2025/082129)

Hazan v Minister of Home Affairs and Others (2025/082129) [2025] ZAGPJHC 759 (29 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/082129

Judge

E Raubenheimer

Urgent application by an asylum seeker in detention dismissed. The court held he had not followed the statutory asylum process and had not shown entitlement to halt prosecution or secure release.

• Refugee Status
• Urgent Interdict
• Non Refoulement
• Immigration Act Prosecution
• Detention Pending Trial
• Asylum

Municipal Employees Pension Fund and Others v Ndou and Another (2025/076955)

Municipal Employees Pension Fund and Others v Ndou and Another (2025/076955) [2025] ZAGPJHC 762 (29 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/076955

Judge

E Raubenheimer

The High Court granted an urgent interim interdict stopping alleged defamatory statements about the MEPF, its administrator, and trustees pending action proceedings.

• Interim Interdict
• Defamation
• Urgent Court Procedure
• Corporate Reputation
• Fiduciary Duties
• Publication Of False Statements

ABSA Bank Ltd v Tswago (Leave to Appeal) (114422/2023)

ABSA Bank Ltd v Tswago (Leave to Appeal) (114422/2023) [2025] ZAGPPHC 788 (29 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

114422/2023

Judge

N Davis

Leave to appeal against summary judgment was dismissed. The court held no appeal lay from the default order, rejected new National Credit Act arguments, and awarded punitive costs.

• Summary Judgment
• Leave To Appeal
• Credit Agreement
• Jurisdictional Requirements
• Costs Order
• Summary-judgment

Zikhali v Minister of Justice and Constitutional Development and Another (D533/2023)

Zikhali v Minister of Justice and Constitutional Development and Another (D533/2023) [2025] ZALCD 28 (28 July 2025)

Court

Labour Court Durban

Case number

D533/2023

Judge

K Allen-Yaman

The court held that the applicant was discharged from the public service by operation of law under section 17(3)(a)(i) of the Public Service Act, as he absented himself from his official duties as an interpreter without permission for a period exceeding one calendar month, despite direct instructions to return to his substantive post. The applicant failed to provide objective evidence that he reported for duty as required, and his attempts to substitute new relief at the hearing were not supported by his pleadings. The court found that no reviewable administrative decision existed, and the ju…

Source excerpt

• Public Service Act
• Deemed Dismissal
• Jurisdictional Requirements
• Reinstatement
• Review Of Administrative Action

Limpopo Provincial Council of the South African Legal Practice Council v Van Eeden (264/2023)

Limpopo Provincial Council of the South African Legal Practice Council v Van Eeden (264/2023) [2025] ZALMPPHC 143 (28 July 2025)

Court

Limpopo High Court, Polokwane

Case number

264/2023

Judges

Chauke FR, Mashamba E

The High Court suspended an advocate for 18 months after finding he misappropriated trust funds, ordered curatorship over his trust accounts, and awarded attorney-and-client costs.

• Legal Practitioner Misconduct
• Misappropriation Of Trust Funds
• Suspension From Practice
• Curatorship Of Trust Accounts
• Costs On Attorney And Client Scale
• Legal-practitioner-misconduct

Gillespie v Chairperson: Firearms Appeal Board and Another (26396/22)

Gillespie v Chairperson: Firearms Appeal Board and Another (26396/22) [2025] ZAGPPHC 730 (28 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

26396/22

Judge

N V Khumalo

The court found that the applicant, as a non-citizen, was not entitled to repeated or indefinite temporary authorisations for firearm possession under section 21 of the Firearms Control Act. The applicant's pattern of continuous applications distorted the temporary nature intended by the statute, amounting to an attempt to obtain a permanent licence for which he did not qualify. The Registrar's refusal was justified by the lack of a genuine temporary need and inadequate motivation, as required by the regulations. The Appeal Board's decision was reasonable and based on the facts presented, inc…

Source excerpt

• Firearms Control Act
• Temporary Authorisation
• Review Of Administrative Action
• Competency Certificate
• Procedural Fairness

Gibela Rail Transport Consortium Rf Pty (Ltd) v NUMSA obo Dube and Others (JR1558/2022)

Gibela Rail Transport Consortium Rf Pty (Ltd) v NUMSA obo Dube and Others (JR1558/2022) [2025] ZALCJHB 301 (28 July 2025)

Court

Labour Court Johannesburg

Case number

JR1558/2022

Judge

Lagrange

The court found that the arbitrator erred in interpreting the disciplinary code as recommending a final written warning for unauthorized use of a company vehicle, when it actually prescribed dismissal. However, the court held that this error was not material enough to render the award unreasonable, as the evidence did not establish that the employment relationship was irreparably damaged or that dismissal was the only appropriate sanction. The arbitrator's failure to impose a final written warning was unjustified, but her finding that Dube was not guilty of providing false or misleading infor…

Source excerpt

• Unfair Dismissal
• Review Of Arbitration Award
• Disciplinary Code Interpretation
• Sanction Appropriateness
• Misconduct
• Final Written Warning

Tibane and Others v Mhlongo and Others (Leave to Appeal) (1870/2023)

Tibane and Others v Mhlongo and Others (Leave to Appeal) (1870/2023) [2025] ZAMPMBHC 65 (28 July 2025)

Court

Mbombela High Court, Mpumalanga

Case number

1870/2023

Judge

Mashile

The High Court refused leave to appeal against the appointment of an administrator for a dysfunctional trust, holding the order was interim and not appealable.

• Trust Administration
• Leave To Appeal
• Interim Orders
• Powers Of Master
• Costs Award
• Leave-to-appeal