South Africa Case Law

Mvenya v Standard Bank of South Africa Limited and Another (46591/2021)

Mvenya v Standard Bank of South Africa Limited and Another (46591/2021) [2025] ZAGPJHC 740 (24 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

46591/2021

Judge

Van Aswegen

The application for leave to appeal does not meet the statutory threshold under section 17(1)(a)(i) of the Superior Courts Act, as the Appellant failed to demonstrate that another court would come to a different conclusion. The grounds of appeal were not clearly articulated in compliance with Rule 49(4), consisting mainly of broad assertions and unsubstantiated criticisms. The Appellant's defences of securitisation, estoppel, and debt risk insurance were speculative, lacked factual support, and were not pleaded with sufficient particularity. The summary judgment order and declaration of execu…

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• Leave To Appeal Standard
• Summary Judgment
• Mortgage Bond Enforcement
• Rule 46a Execution
• Reserve Price Setting
• Locus Standi

Rufuro N.O Executrix obo Estate Late Nyamutsahuni v Road Accident Fund (23457/2022)

Rufuro N.O Executrix obo Estate Late Nyamutsahuni v Road Accident Fund (23457/2022) [2025] ZAGPPHC 751 (24 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

23457/2022

Judge

Flatela

Default judgment in a Road Accident Fund claim was granted for past loss of earnings after the defendant’s late notice to defend was set aside as an abuse of process.

• Road Accident Fund Act
• Default Judgment
• Loss Of Earnings
• Negligence
• Rule 19 5
• Rule 30 Irregular Step

Imperial Logistics Advance (Pty) Ltd v Master of the High Court, Pretoria and Others (2023/054694)

Imperial Logistics Advance (Pty) Ltd v Master of the High Court, Pretoria and Others (2023/054694) [2025] ZAGPPHC 737 (24 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023/054694

Judge

Flatela Luleka

The High Court granted an interim interdict stopping the Master’s appointment of additional liquidators and the postponement of a section 417/418 inquiry pending Part B.

• Appointment Of Liquidators
• Conflict Of Interest
• Creditors Rights
• Interim Interdict
• Fair Administrative Action
• Companies Act 1973

Makau v Commission for Conciliation, Mediation and Arbitration and Others (Application for Leave to Appeal) (JR1503/22)

Makau v Commission for Conciliation, Mediation and Arbitration and Others (Application for Leave to Appeal) (JR1503/22) [2025] ZALCJHB 308 (24 July 2025)

Court

Labour Court Johannesburg

Case number

JR1503/22

Judge

M Makhura

The Labour Court dismissed the third respondent’s application for leave to appeal, finding no reasonable prospects of success or compelling reason under section 17(1).

• Leave To Appeal
• Unfair Dismissal
• Review Of Arbitration Award
• Reinstatement
• Backpay
• Leave-to-appeal

Kotze v Road Accident Fund (16725/2022)

Kotze v Road Accident Fund (16725/2022) [2025] ZAWCHC 303 (24 July 2025)

Court

Western Cape High Court, Cape Town

Case number

16725/2022

Judge

R K Parker

The High Court held the Road Accident Fund solely liable after finding the insured driver negligently turned into the road without keeping a proper lookout.

• Negligence
• Apportionment Of Damages Act
• Motor Vehicle Collision
• Contributory Negligence
• Delict
• Motor-vehicle-collision

Durban University of Technology v Commission for Conciliation, Mediation and Arbitration and Others (D553/2022)

Durban University of Technology v Commission for Conciliation, Mediation and Arbitration and Others (D553/2022) [2025] ZALCD 24 (23 July 2025)

Court

Labour Court Durban

Case number

D553/2022

Judge

K Allen-Yaman

The court found that the applicant failed to establish that the third respondent intentionally misrepresented his employment status. The evidence showed the misstatement was an error, not a deliberate act of dishonesty or perjury. The third respondent corrected the error when it was brought to his attention and did not contest the applicant's denial of his NEHAWU employment. The arbitrator's conclusion that the dismissal was substantively and procedurally unfair was reasonable. The applicant's challenge to the award of retrospective reinstatement and back pay was unfounded, as the amount awar…

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• Unfair Dismissal
• Condonation Of Late Filing
• Disciplinary Code Deviation
• Retrospective Reinstatement
• Costs Award
• Perjury Allegation

Ngaraga Properties (Pty) Ltd v MEC for Education, Limpopo Province and Others (11183/2024)

Ngaraga Properties (Pty) Ltd v MEC for Education, Limpopo Province and Others (11183/2024) [2025] ZALMPPHC 138 (23 July 2025)

Court

Limpopo High Court, Polokwane

Case number

11183/2024

Judge

Mashifane

The High Court granted an interim interdict halting performance of a sanitary pads tender contract pending review, finding a prima facie procurement challenge and favourable balance of convenience.

• Interim Interdict
• Tender Review
• Preferential Procurement Policy
• Collusion In Tendering
• Section 217 Constitution
• Bid Evaluation

Engelbrecht v Attooh Consulting Services Holdings (Pty) Ltd and Others (31915/2021)

Engelbrecht v Attooh Consulting Services Holdings (Pty) Ltd and Others (31915/2021) [2025] ZAGPPHC 732 (23 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

31915/2021

Judge

E van der Schyff

The High Court dismissed an unopposed costs application, holding that Rule 28(9) already regulates costs for a notice of intention to amend.

• Uniform Rules Of Court
• Rule 28 Amendment
• Costs Liability
• Notice Of Intention To Amend
• Civil-procedure
• Uniform-rules-of-court

Standard Bank of South Africa Limited v Baxter (Leave to Appeal) (26936/2015)

Standard Bank of South Africa Limited v Baxter (Leave to Appeal) (26936/2015) [2025] ZAGPJHC 724 (23 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

26936/2015

Judge

P V Ternent

The High Court refused leave to appeal, finding no reasonable prospects of success on the alleged disputes about a power of attorney, property value, or damages.

• Leave To Appeal
• Special Power Of Attorney
• Sale Of Property
• Tacit Terms
• Damages Quantification
• Leave-to-appeal

Nxelane and Others v Chep SA (Pty) Ltd and Others (P35/2023)

Nxelane and Others v Chep SA (Pty) Ltd and Others (P35/2023) [2025] ZALCPE 12 (23 July 2025)

Court

Labour Court Port Elizabeth

Case number

P35/2023

Judge

C de Kock

The court found that the applicants' condonation application was inadequately prepared and failed to address the prospects of success regarding their dismissals for participation in an unprotected strike. The applicants' attorneys failed to review the pleadings upon inheriting the matter and only sought advice from senior counsel at the last minute. Despite the unsatisfactory conduct, the court held that refusing the postponement would severely prejudice the applicants and deny them a fair opportunity to supplement their case. The interests of justice required that the applicants be allowed t…

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• Condonation
• Postponement
• Unprotected Strike
• Attorney And Client Costs