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South Africa decisions
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S v D.F (Sentence) (KS23/23) [2025] ZANCHC 58 (25 July 2025)
The High Court sentenced an accused, convicted under the statutory voluntary-intoxication offence, to an effective five years' imprisonment for assault, kidnapping, murder and property damage.
Johannesburg Social Housing Company Ltd v Quick System (Pty) Ltd and Others (2023/027220) [2025] ZAGPJHC 744 (25 July 2025)
The High Court reviewed and set aside a public tender award after finding material misrepresentation in the bid and ordered a third-party valuation of work done.
Prime African (Pty) Ltd v Eskom Holding SOC Ltd and Others (2025/070166) [2025] ZAWCHC 306 (25 July 2025)
The court found that Eskom was not in wilful contempt of the 2024 order. Although Eskom failed to meet the deadline for the emergency procurement process, the evidence demonstrated substantial compliance and bona fide efforts to comply, with delays attributable to legitimate procurement complexities. The applicant failed to prove intentional or flagrant disregard of the order. The request to amend the 2024 order was rejected, as the principle of finality precludes substantive changes except for clerical errors or ambiguities, which were not present. The interdict relief sought was incompetent…
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Because RICA had become inoperable when the designated Judge’s term expired and no replacement appointment had been made, the Court held that just and equitable interim relief was necessary. The appropriate relief was to extend the prior AmaBhungane interim remedy and to cure the defect in the appointment process by requiring nomination by the Chief Justice and appointment by the Minister of one of three retired or discharged High Court Judges for a non-renewable 24-month term. The Court declined the President’s further requested relief as unnecessary at this stage.
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H.C.C and Another v N.E.M and Others (Reasons) (1790/2023) [2025] ZALMPTHC 12 (25 July 2025)
The court found that the applicant did not abuse the court process by requesting a virtual hearing, as the allocation was within the judicial functions of the Judge President. The applicant demonstrated urgency by acting immediately after the vehicle's attachment and provided sufficient explanation that substantial redress would not be available if the vehicle was sold before the pending applications were resolved. The court held that the applicant met the requirements for an interdict: he had a clear right to his property, faced irreparable harm due to the disproportionate value of the vehic…
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S.S v M.A.S (110440/2025) [2025] ZAGPJHC 739 (25 July 2025)
The court found that the respondent had knowledge of the maintenance order and failed to comply with its terms, both historically and in the months immediately preceding the application. The respondent admitted arrears and made unilateral deductions from maintenance payments without legal entitlement. His defence of financial hardship was unsupported by evidence; he failed to provide bank statements, salary advices, or details of assets and expenses. The applicant, by contrast, provided documentary proof of the respondent's income and the limited liabilities on joint estate properties. The re…
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S v Mositoane (17/2025) [2025] ZAFSHC 235 (25 July 2025)
The court found that the State witnesses, Sophie and Tshepo Sebusi, provided credible and consistent evidence that the accused intentionally drove his motor vehicle into both the deceased and the complainant multiple times. The medical and forensic evidence corroborated the eyewitness accounts, showing multiple injuries consistent with repeated impacts. The accused's version was found to be farfetched, inconsistent, and manufactured as an afterthought. The court concluded that the accused acted with direct intent to kill, and that the killing was premeditated, as evidenced by his conduct befo…
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NTGR Engineering Projects CC v Bakubung Minerals (Pty) Ltd (1890/2021) [2025] ZANWHC 126 (25 July 2025)
The court dismissed special pleas based on arbitration and jurisdiction, holding the clause did not oust jurisdiction and the defendant had waived reliance on it.
B.B.Y. v A.A.B.Y. (2022/17297) [2025] ZAGPJHC 747 (25 July 2025)
The High Court found a party in contempt for failing to comply with divorce and maintenance orders, rejected a Get-based conditionality defence, and suspended imprisonment on compliance.
Ezihe v Minister of Home Affairs and Another (060971/25) [2025] ZAGPPHC 740 (25 July 2025)
The court dismissed an unopposed motion to compel a decision on a spousal permit application because the papers were procedurally defective and the supplementary affidavit lacked leave.
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