South Africa Case Law

Batumile Investments (Pty) Ltd v Rustenburg Local Municipality and Others (M247/2023)

Batumile Investments (Pty) Ltd v Rustenburg Local Municipality and Others (M247/2023) [2025] ZANWHC 123 (23 July 2025)

Court

North West High Court, Mafikeng

Case number

M247/2023

Judge

R D Hendricks

A tender review was dismissed after the validity period expired, the applicant had not exhausted internal remedies, and the court found the matter moot.

• Promotion Of Administrative Justice Act
• Failure To Award Tender
• Exhaustion Of Internal Remedies
• Mootness
• Just And Equitable Remedy
• Administrative-law

Harbour Town Homeowners Association NPC v Viba (2022/046219)

Harbour Town Homeowners Association NPC v Viba (2022/046219) [2025] ZAGPJHC 736 (23 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/046219

Judge

Aucamp

The court held that in the context of a homeowners association established as a non-profit company, membership arises automatically upon transfer of property, as stipulated in the title deed and the association's memorandum of incorporation. The particulars of claim need only allege that the defendant became a member by virtue of these conditions and defaulted on levy payments. The formal entry of the defendant's name in the register of members is a procedural formality and not a prerequisite for establishing membership or liability for levies. The exception raised by the defendant, based on…

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• Homeowners Association Liability
• Exception To Particulars Of Claim
• Levy Recovery
• Title Deed Conditions
• Membership Of Non Profit Company

Diale and Others v Alant Properties Investment (Pty) Ltd and Another (111146/2025)

Diale and Others v Alant Properties Investment (Pty) Ltd and Another (111146/2025) [2025] ZAGPPHC 750 (23 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

111146/2025

Judge

Ferreira AJ

The court found that the applicants failed to establish a prima facie right to the property, as ownership is determined by registration and the title deed stands in the name of the first respondent. The eviction order was lawfully obtained and executed, and is subject to appeal but remains valid and enforceable until set aside. The alleged deregistration of the first respondent was not proven to have complied with statutory requirements, and in any event, does not affect the validity of the title or the eviction order. The applicants' contradictory claims regarding ownership and bona vacantia…

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• Eviction Order
• Interim Interdict
• Spoliation
• Ownership Registration
• Company Deregistration

Naledi Coal and Logistics Proprietary Limited v Li Coal Clean Coal Gaification Proprietary Limited (Application for Leave to Appeal) (2024/07529)

Naledi Coal and Logistics Proprietary Limited v Li Coal Clean Coal Gaification Proprietary Limited (Application for Leave to Appeal) (2024/07529) [2025] ZAGPJHC 723 (23 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/07529

Judge

Pearse AJ

The High Court dismissed an application for leave to appeal against an order requiring reimbursement of coal transport costs, finding no reasonable prospect of success.

• Leave To Appeal Test
• Breach Of Contract
• Agency And Mandate
• Arbitration Clause
• Motion Proceedings
• Plascon Evans Rule

Special Investigating Unit v Zakheni Strategic Supplies (Pty) Ltd and Others (GP09/2021)

Special Investigating Unit v Zakheni Strategic Supplies (Pty) Ltd and Others (GP09/2021) [2025] ZAST 12 (23 July 2025)

Court

Special Tribunal

Case number

GP09/2021

Judge

A H Petersen

The Special Tribunal dismissed the SIU’s contempt application, finding it had not proved beyond reasonable doubt that the respondents acted wilfully and mala fide.

• Civil Contempt
• Wilfulness And Mala Fides
• Jurisdiction Of Tribunal
• Compliance With Court Orders
• Civil-contempt
• Wilfulness-and-mala-fides

Body Corporate of La Mon Villa and Another v Niyakha Group (Pty) Ltd (Appeal) (A27/2023)

Body Corporate of La Mon Villa and Another v Niyakha Group (Pty) Ltd (Appeal) (A27/2023) [2025] ZAGPPHC 757 (23 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

A27/2023

Judges

Lenyai, Mudau, Baqwa

The court found that the first appellant, as body corporate, is statutorily empowered under section 2(7)(b) of the STSMA to institute action against the developer for damages to the common property arising from defective construction. The particulars of claim set out the essential elements of a delictual claim, including the existence of a legal duty, breach, causation, and damages. The respondent's arguments regarding the sufficiency of the pleadings and the alleged misjoinder of the second appellant were rejected. The second appellant was found to have no cause of action and was joined only…

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• Sectional Title Scheme Management Act
• Defective Construction
• Exception Procedure
• Legal Duty Of Developer
• Wrongfulness
• Pleading Requirements

C.L.D.S. v F.S.D.S.S. (2024/092744)

C.L.D.S. v F.S.D.S.S. (2024/092744) [2025] ZAGPJHC 726 (23 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/092744

Judge

C Von Ludwig

Rule 43 interim maintenance and costs were ordered pending divorce, with both parties allowed to remain in the common home.

• Rule 43 Interim Relief
• Parental Responsibilities And Rights
• Spousal Maintenance
• Contribution To Legal Costs
• Rule-43-interim-relief
• Spousal-maintenance

Huma v Huma and Others (Appeal) (CIV APP MG 26/2024)

Huma v Huma and Others (Appeal) (CIV APP MG 26/2024) [2025] ZANWHC 125 (23 July 2025)

Court

North West High Court, Mafikeng

Case number

CIV APP MG 26/2024

Judges

Hendricks, Wessels

The High Court held that the Tribal Court lacked jurisdiction to order the appellant's eviction from the house on tribal land, as only the High Court or Magistrate's Court may grant such orders under the PIE Act. The first ground of appeal was upheld on this basis. Regarding the right to occupy, the Court found that customary law, as practiced by the Bafokeng community, requires a separate house for each spouse, and the house in dispute was allocated to the children of the deceased's first marriage. The appellant was allocated a separate house for the second marriage. The Court confirmed that…

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• Customary Law Rights Of Occupation
• Tribal Court Jurisdiction
• Eviction Proceedings
• Intestate Succession
• Gender Equality In Customary Law

Mkhonto and Others v Bushbuckridge Local Municipality and Others (218/2024)

Mkhonto and Others v Bushbuckridge Local Municipality and Others (218/2024) [2025] ZASCA 111 (23 July 2025)

Court

Supreme Court of Appeal

Case number

218/2024

Judges

Matojane, Weiner, Koen, Phatshoane, Molitsoane

The SCA struck a reconsideration application from the roll, finding no exceptional circumstances to reopen refusal of special leave to appeal.

• Municipal Staff Restructuring
• Policy Framework Compliance
• Exceptional Circumstances
• Promotion Of Administrative Justice Act
• Local Government Municipal Systems Act
• Special Leave To Appeal

Tridevco (Pty) Ltd and Another v Minister of Agriculture, Land Reform & Rural Development and Others (62/2024)

Tridevco (Pty) Ltd and Another v Minister of Agriculture, Land Reform & Rural Development and Others (62/2024) [2025] ZASCA 110 (23 July 2025)

Court

Supreme Court of Appeal

Case number

62/2024

Judges

Nicholls, Unterhalter, Dawood, Vally, Norman

The majority held that the property does not meet the exclusion criteria under section 1(a) of SALA, as it is not situated in an area where a local area committee was established, despite its inclusion in the Peri-Urban Town Planning Scheme. The Minister's refusal to consent to subdivision was based on the property's high agricultural potential and the need to preserve land for food security, which aligns with the purpose of SALA. However, the Minister failed to consult with the Ekurhuleni Metropolitan Municipality, whose development plans and constitutional obligations could be thwarted by t…

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• Subdivision Of Agricultural Land Act
• Statutory Interpretation
• Municipal Consultation
• Constitutional Duties Of Minister
• Review Of Administrative Action
• Local Government Planning