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South Africa Case Law

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Civil Procedure [2025] ZANCHC 64

Pienaar and Another v Raadt and Others (2277/2024)

Pienaar and Another v Raadt and Others (2277/2024) [2025] ZANCHC 64 (25 July 2025)

The High Court dismissed an urgent contempt application, finding the applicants had not proved non-compliance beyond reasonable doubt and ordered costs against them.

  • Contempt Of Court
  • Urgent Interlocutory Relief
  • Director Rights
  • Companies Act 71 Of 2008
  • Suspension Of Order On Appeal
  • Contempt-of-court
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Labour Law [2025] ZALCJHB 304

Southern African Clothing and Textile Workers Union and Others v Agri Poultry (Pty) Ltd ta Daybreak Farm and Others (JS751/22)

Southern African Clothing and Textile Workers Union and Others v Agri Poultry (Pty) Ltd ta Daybreak Farm and Others (JS751/22) [2025] ZALCJHB 304 (24 July 2025)

The court found that the respondent failed to discharge its onus to prove that the three shop stewards were guilty of incitement, as no credible evidence was led against them. The deductions from bonus payments were lawful and did not amount to provocation. The strike lasted for three days and was not of limited duration. Although formal written ultimatums were not issued, the employees were adequately warned through union engagement and shop steward communication. The respondent applied discipline inconsistently by dismissing some employees without valid final written warnings and treating s…

  • Unfair Dismissal
  • Unprotected Strike
  • Parity Principle
  • Disciplinary Inconsistency
  • Remedies For Unfair Dismissal
  • Compensation
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Criminal Law [2025] ZAGPJHC 731

J.W. v J.D. and Others (039454/2023)

J.W. v J.D. and Others (039454/2023) [2025] ZAGPJHC 731 (24 July 2025)

The High Court discharged a rule nisi challenging a search warrant for electronic devices seized in a child sexual assault investigation.

  • Search And Seizure
  • Cybercrimes Act
  • Child Pornography
  • Rule Nisi
  • Sexual Offences
  • Search-and-seizure
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Delict [2025] ZAGPPHC 754

Matyeni v Road Accident Fund (1744/2007)

Matyeni v Road Accident Fund (1744/2007) [2025] ZAGPPHC 754 (24 July 2025)

Default judgment in a RAF damages claim, awarding past and future loss of earnings, general damages, and an undertaking for future medical expenses.

  • Road Accident Fund Act
  • Personal Injury
  • Loss Of Earning Capacity
  • General Damages
  • Future Medical Expenses
  • Road-accident-fund
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Civil Procedure [2025] ZAGPJHC 732

Nedbank Limited v Ndawala and Others (2022/002174)

Nedbank Limited v Ndawala and Others (2022/002174) [2025] ZAGPJHC 732 (24 July 2025)

The court found that the first respondent was indebted to the applicant under the home loan agreement, with arrears exceeding R977,923.49 and no credible payment arrangements made since August 2021. Statutory compliance with the National Credit Act was established. The respondent's claims regarding alternative means of satisfying the debt, such as shares and potential business funding, were unsupported by evidence and lacked credibility. The defences raised, including reckless lending and excessive interest, were contradicted by the respondent's own admissions and the terms of the loan agreem…

  • Execution Against Primary Residence
  • National Credit Act Compliance
  • Reserve Price Determination
  • Judicial Oversight
  • Foreclosure
  • Contractual Enforcement
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Commercial And Corporate [2025] ZAGPJHC 733

Pillay v Stokes and Others (2022/22021)

Pillay v Stokes and Others (2022/22021) [2025] ZAGPJHC 733 (24 July 2025)

The court found that the second and third respondents, acting as executive directors, failed to comply with statutory obligations by not holding annual general meetings, not preparing audited financial statements for several years, and failing to conduct due diligence on qualifying companies. Their explanations for non-compliance were inadequate and did not excuse their breaches. The directors' conduct amounted to gross negligence and wilful misconduct, justifying a declaration of delinquency under section 162(5) of the Companies Act. The fourth respondent, as a non-executive director, demons…

  • Delinquent Director
  • Fiduciary Duties
  • Companies Act Section 162
  • Failure To Hold Agm
  • Failure To Prepare Audited Financials
  • Breach Of Subscription Agreement
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Labour Law [2025] ZALCJHB 321

Hutchinson v Global Business Administrators (Pty) Ltd and Another (2025/112376)

Hutchinson v Global Business Administrators (Pty) Ltd and Another (2025/112376) [2025] ZALCJHB 321 (24 July 2025)

The applicant failed to prove that he was an employee of the first respondent after December 2023. He did not plead or substantiate the existence or terms of any employment contract, nor did he provide evidence of salary payments or employment after December 2023. The respondents' evidence, including invoices from Trinity Equity Holdings (Pty) Ltd for services rendered, established that the relationship was one of service provision, not employment. The applicant's reliance on an old payslip and his denial of the invoices were insufficient to establish an employment relationship. As a result,…

  • Jurisdiction Of Labour Court
  • Contract Of Employment
  • Repudiation Of Contract
  • Urgent Application Abuse
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Commercial And Corporate [2025] ZAGPJHC 743

Geldenhuys and Others v Orthotouch Limited and Others (42334/2014)

Geldenhuys and Others v Orthotouch Limited and Others (42334/2014) [2025] ZAGPJHC 743 (24 July 2025)

The High Court dismissed an amendment and rescission application challenging a 2014 scheme of arrangement, finding no erroneous grant or material non-disclosure.

  • Scheme Of Arrangement
  • Business Rescue
  • Amendment Of Pleadings
  • Non Disclosure In Ex Parte
  • Rescission Of Order
  • Rescission-of-order
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Civil Procedure [2025] ZAGPPHC 734

Nkwanyana and Another v Open Mic Productions (Pty) Ltd and Another (Leave to Appeal) (098393/2023)

Nkwanyana and Another v Open Mic Productions (Pty) Ltd and Another (Leave to Appeal) (098393/2023) [2025] ZAGPPHC 734 (24 July 2025)

The High Court refused leave to appeal, found no reasonable prospects of success, and varied a costs order to remove an incorrect reference to two counsel.

  • Leave To Appeal
  • Costs Orders
  • Variation Of Orders
  • Superior Courts Act
  • Uniform Rules Of Court
  • Leave-to-appeal
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Land And Property [2025] ZAKZPHC 73

Ulundi Municipality v Mpungose and Others (6551/2020)

Ulundi Municipality v Mpungose and Others (6551/2020) [2025] ZAKZPHC 73 (24 July 2025)

The court found that the land in question is under the jurisdiction of Ulundi Municipality, as established by statutory instruments and the respondents' own admissions. The Inkosi Mpungose and Traditional Council have no legal interest that would be prejudiced by non-joinder, as the land vests in the municipality. SPLUMA applies to all land, including tribal areas, and empowers the municipality to enforce its land use scheme through the courts. The High Court retains jurisdiction to grant interdicts, notwithstanding the alternative remedy in the Magistrate's Court under the National Building…

  • Municipal Land Rights
  • Spatial Planning
  • Interdict
  • Non Joinder
  • Building Regulations
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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.