South Africa Case Law

Maetso v Minister of Police of the Republic of South Africa and Another (Leave to Appeal) (3115/2023)

Maetso v Minister of Police of the Republic of South Africa and Another (Leave to Appeal) (3115/2023) [2025] ZANWHC 121 (22 July 2025)

Court

North West High Court, Mafikeng

Case number

3115/2023

Judge

Titus

The High Court dismissed an application for leave to appeal against a R650,000 damages award for unlawful arrest and detention, finding no reasonable prospect of success.

• Quantum Of Damages
• Unlawful Arrest And Detention
• Judicial Discretion
• Leave To Appeal
• General Damages
• Leave-to-appeal

Sitrusrand Boerdery (Pty) Ltd v Minister of Employment and Labour and Others (097109/2023)

Sitrusrand Boerdery (Pty) Ltd v Minister of Employment and Labour and Others (097109/2023) [2025] ZAGPPHC 758 (22 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

097109/2023

Judge

Kekana

Review dismissed: the court held that the Department properly refused a corporate visa recommendation because local skills were available and the process was fair.

• Promotion Of Administrative Justice Act
• Corporate Visa
• Immigration Act
• Procedural Fairness
• Rationality Review
• Corporate-visa

Nedbank Limited v Abandoned Vehicle and Truck Solutions (Pty) Ltd and Others (074260/2023)

Nedbank Limited v Abandoned Vehicle and Truck Solutions (Pty) Ltd and Others (074260/2023) [2025] ZAGPPHC 744 (22 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

074260/2023

Judge

J.F. Grobler

The High Court varied an earlier order, confirmed that enrichment liens over motor vehicles cannot be ceded or sold, and ordered surrender of listed vehicles.

• Enrichment Lien
• Cession Of Liens
• Variation Of Court Order
• Superior Courts Act
• Interdict
• Costs Order

Drakenstein Local Municipality v Matjan and Others (C70/2024)

Drakenstein Local Municipality v Matjan and Others (C70/2024) [2025] ZALCCT 55 (22 July 2025)

Court

Labour Court Cape Town

Case number

C70/2024

Judge

Pieter Venter

Labour Court review of a constructive dismissal award: the employee did not exhaust remedies, and the award was set aside.

• Constructive Dismissal
• Burden Of Proof
• Intolerable Work Conditions
• Failure To Exhaust Grievance Procedures
• Jurisdiction Of Bargaining Council
• Constructive-dismissal

S v Bestbier (Review) (REV67/2024)

S v Bestbier (Review) (REV67/2024) [2025] ZALMPPHC 140 (22 July 2025)

Court

Limpopo High Court, Polokwane

Case number

REV67/2024

Judges

G.C Muller, M.Z Makoti

The court held that the judicial officer's function under section 57(7) of the Criminal Procedure Act is both administrative and judicial. While the entry of particulars by the clerk is administrative, the judicial officer must ensure that the conviction and sentence are in accordance with justice. The court rejected the view that the judicial officer is strictly functus officio after examining the documents, finding that representations by the accused may be considered if submitted with the original notice. The court found procedural irregularities in the handling of the admission of guilt f…

Source excerpt

• Admission Of Guilt Fine
• Review Of Magistrates Decisions
• Drugs And Drug Trafficking Act
• Criminal Procedure Act Section 304
• Previous Convictions
• Judicial Officer Functor Officio

N.A.T. v T.M.M. (2023/066211)

N.A.T. v T.M.M. (2023/066211) [2025] ZAGPJHC 727 (22 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/066211

Judge

C Von Ludwig

The High Court dismissed an interlocutory application seeking declaratory relief about a marriage regime, holding that material disputes of fact required trial.

• Declaratory Relief
• Dispute Of Fact
• Ante Nuptial Contract
• Customary Marriage
• Marriage Regime
• Costs Order

C.V.D.M v S (Appeal) (A180/2023)

C.V.D.M v S (Appeal) (A180/2023) [2025] ZAWCHC 299 (22 July 2025)

Court

Western Cape High Court, Cape Town

Case number

A180/2023

Judges

M Pangarker, V C Saldanha

The appeal court found that the Regional Magistrate properly exercised her sentencing discretion, fully considered the appellant's personal circumstances, the interests of the community, and the gravity of the offences. The appellant's alleged anger issues and drug use did not constitute substantial and compelling circumstances. His admission of guilt was limited to the attempted murder and was compelled by overwhelming evidence, not genuine remorse. The brutality, cruelty, and inhumanity of the crimes, including repeated rapes, sexual assault, and attempted murder, justified the imposition o…

Source excerpt

• Rape
• Attempted Murder
• Gender Based Violence
• Minimum Sentencing
• Remorse
• Victim Impact

South African Cabin Crew Association obo Members v South African Airways (Soc) Ltd and Others (JA40/2024)

South African Cabin Crew Association obo Members v South African Airways (Soc) Ltd and Others (JA40/2024) [2025] ZALAC 45 (21 July 2025)

Court

Labour Appeal Court

Case number

JA40/2024

Judges

Van Niekerk JA, Nkutha-Nkontwana JA, Basson AJA

The Labour Appeal Court dismissed an appeal over CCMA dismissal and jurisdiction rulings, holding the Labour Court could review in medias res under section 158(1B).

• Section 158 1b Exception
• Ccma Jurisdiction
• Unfair Labour Practice
• Review In Medias Res
• Condonation For Late Referral
• Section-158-1b

Claassen and Others v Frame (2023/006221)

Claassen and Others v Frame (2023/006221) [2025] ZAGPJHC 705 (21 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/006221

Judge

M V Noko

The application to set aside the subpoena fails because Rule 38 and section 35 of the Superior Courts Act permit the issuance of subpoenas for documents relevant to proceedings, regardless of whether the subpoenaed person is to be called as a witness. The applicant's argument that a trial date must be set before a subpoena is issued is unfounded. The documents requested are relevant to the determination of the accrual in the divorce proceedings, and the applicant did not claim privilege or confidentiality over them. The contention of abuse of process is unsupported, as the subpoena was issued…

Source excerpt

• Subpoena Duces Tecum
• Relevance Of Evidence
• Accrual System
• Abuse Of Process
• Privilege And Confidentiality

Maphosa v New Model Private College and Others (JR1731/21)

Maphosa v New Model Private College and Others (JR1731/21) [2025] ZALCJHB 302 (21 July 2025)

Court

Labour Court Johannesburg

Case number

JR1731/21

Judge

Myburgh

The Labour Court granted condonation to both parties and leave to appeal, finding the applicants had reasonable prospects on a section 198B Labour Relations Act issue.

• Leave To Appeal
• Condonation
• Fixed Term Contracts
• Section 198b Lra
• Introduction Of New Evidence
• Leave-to-appeal