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South Africa Case Law

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Civil Procedure [2025] ZANWHC 128

Sogika Consulting Engineers CC v Mamusa Local Municipality (Leave to Appeal) (UM180/2023)

Sogika Consulting Engineers CC v Mamusa Local Municipality (Leave to Appeal) (UM180/2023) [2025] ZANWHC 128 (25 July 2025)

Leave to appeal was refused because Mamusa Local Municipality showed no reasonable prospects of success or other compelling reason under section 17(1)(a).

  • Leave To Appeal
  • Superior Court Act
  • Uniform Rules Of Court
  • Costs Award
  • Leave-to-appeal
  • Superior-court-act
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Civil Procedure [2025] ZAGPJHC 746

Fourways Gardens Homeowners Association v Duggan and Others (2023/067528)

Fourways Gardens Homeowners Association v Duggan and Others (2023/067528) [2025] ZAGPJHC 746 (25 July 2025)

The court found that the applicant failed to meet the higher threshold required for leave to appeal under the Superior Courts Act. The arguments advanced in support of the application were substantially the same as those previously considered and rejected in the main judgment. The applicant did not demonstrate that another court would come to a different conclusion or that there were compelling reasons for the appeal to be heard. Accordingly, the application for leave to appeal was dismissed with costs.

  • Leave To Appeal Threshold
  • Impossibility Of Performance
  • Without Prejudice Correspondence
  • Jurisdiction Of Csos Ombudsman
  • Retrospective Resolution Effect
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Delict [2025] ZANWHC 129

Dukulae v Minister of Police (885/2024)

Dukulae v Minister of Police (885/2024) [2025] ZANWHC 129 (25 July 2025)

The court held that the plaintiff’s arrest for assault with intent to cause grievous bodily harm was unlawful and awarded R50,000 damages.

  • Unlawful Arrest
  • Unlawful Detention
  • Quantum Of Damages
  • Schedule 1 Offences
  • Criminal Procedure Act
  • Unlawful-arrest
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Criminal Law [2025] ZANWHC 127

Modiboa v S (Appeal) (CA30/2024)

Modiboa v S (Appeal) (CA30/2024) [2025] ZANWHC 127 (25 July 2025)

The High Court granted condonation but dismissed a sentence appeal, confirming a 25-year murder sentence after finding no material misdirection.

  • Murder
  • Sentencing Principles
  • Minimum Sentences
  • Condonation
  • Appeal Procedure
  • Criminal-sentencing
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Civil Procedure [2025] ZAMPMHC 36

Shaya Phansi Projects CC v Montgomery Plant Hire and Construction CC and Another (2849/2021)

Shaya Phansi Projects CC v Montgomery Plant Hire and Construction CC and Another (2849/2021) [2025] ZAMPMHC 36 (25 July 2025)

The court found that the Applicant failed to establish that the default judgment was erroneously sought or granted. Service of the summons was effected at the registered address per the rules, and substantial compliance was achieved. Any confusion or prejudice resulted from the Applicant's own conduct in representing itself as a close corporation and failing to update CIPC records. The Applicant did not follow the correct procedure under Rule 31(5)(d), but this did not bar the application. However, the Applicant failed to set out a bona fide defence or good cause for rescission. The alleged d…

  • Rescission Of Judgment
  • Default Judgment
  • Service Of Process
  • Rule 42
  • Rule 31
  • Contractual Dispute
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Delict [2025] ZANWHC 133

K.M v Road Accident Fund (RAF 276/2022)

K.M v Road Accident Fund (RAF 276/2022) [2025] ZANWHC 133 (25 July 2025)

The plaintiff's claim has not prescribed as the prescription period was suspended during her minority and all procedural steps were taken within the statutory time limits. The quantum of damages is determined based on expert evidence and actuarial calculations, with a 35% contingency deduction applied to pre-morbid earnings to reflect the plaintiff's educational profile and socio-economic risks. The establishment of a trust is warranted to protect the plaintiff's interests, given her youth and the size of the award. The Road Accident Fund is liable for 100% of the plaintiff's proven damages,…

  • Road Accident Fund Act
  • Prescription Of Claims
  • Contingency Deductions
  • Quantification Of Damages
  • Establishment Of Trust
  • Minor Claimant Protection
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Commercial And Corporate [2025] ZAGPJHC 738

Glenhazel Investment (Pty) Ltd v Barbaglia N.O and Others (2023/055003)

Glenhazel Investment (Pty) Ltd v Barbaglia N.O and Others (2023/055003) [2025] ZAGPJHC 738 (25 July 2025)

The High Court referred a deposit dispute to trial after finding a material factual dispute over a trustee’s authority to bind a trust in a property sale.

  • Trustee Authority
  • Alienation Of Land Act
  • Unjust Enrichment
  • Specific Performance
  • Condictio Indebiti
  • Trust-law
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Delict [2025] ZAMPMBHC 62

Mashela v Road Accident Fund (745/2023)

Mashela v Road Accident Fund (745/2023) [2025] ZAMPMBHC 62 (25 July 2025)

The High Court awarded the plaintiff R1,050,000 for loss of earnings after an accident, finding that overtime income had been reduced despite unchanged basic salary.

  • Loss Of Earnings
  • Personal Injury
  • Quantification Of Damages
  • Admissibility Of Expert Evidence
  • Loss-of-earnings
  • Personal-injury
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Administrative Law [2025] ZAMPMBHC 63

Premier of Mpumalanga v CAJV (Pty) Ltd and Another (Review) (5503/2023)

Premier of Mpumalanga v CAJV (Pty) Ltd and Another (Review) (5503/2023) [2025] ZAMPMBHC 63 (25 July 2025)

The High Court partly granted a self-review of Mpumalanga procurement contracts, set aside unlawful tender decisions, and ordered just and equitable relief on payments.

  • Public Procurement Irregularity
  • Self Review By Organ Of State
  • Condonation For Delay
  • Unlawful Contract Award
  • Just And Equitable Remedy
  • Legal Practice Act Fee Sharing
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Labour Law [2025] ZALCJHB 319

Ramuthwala v Hudaco Trading (Pty) Ltd ta Ambro Steel (J614/2024)

Ramuthwala v Hudaco Trading (Pty) Ltd ta Ambro Steel (J614/2024) [2025] ZALCJHB 319 (25 July 2025)

The Labour Court struck an urgent application off the roll, finding the applicant failed to show urgency and had other adequate remedies for his backpay claim.

  • Urgent Application
  • Unfair Dismissal
  • Reinstatement
  • Backpay
  • Alternative Remedies
  • Urgent-application
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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.