South Africa Case Law

Exxaro Coal Mpumalanga (Pty) Ltd v Absa Bank Limited (028000/2023)

Exxaro Coal Mpumalanga (Pty) Ltd v Absa Bank Limited (028000/2023) [2025] ZAGPJHC 729 (21 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

028000/2023

Judge

Wilson

The court found that, although it disagreed with the reasoning of Justice Lamont, the existence of a prior judgment treating the two demands as one continuous act created a reasonable prospect that another court might reach a different conclusion. This factual issue was material to the outcome, as treating the demands as one would mean Absa Bank's rejection was effective against both, potentially defeating Exxaro Coal's claim. Accordingly, leave to appeal was granted to a Full Court of the division.

Source excerpt

• Demand Guarantee
• Leave To Appeal
• Payment Obligation
• Continuous Demand

Phumo and Another v National Director of Public Prosecutions (2024/110053)

Phumo and Another v National Director of Public Prosecutions (2024/110053) [2025] ZAGPPHC 735 (21 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024/110053

Judge

N N Bam

The court declined to set aside a preservation order, finding service complaints unpersuasive and directing service on the remaining affected respondents.

• Preservation Order
• Multiplication Scheme
• Pyramid Scheme
• Unlicensed Banking
• Service Of Process
• Urgent Motion

Montana v Commissioner for the South African Revenue Service (2023-047735)

Montana v Commissioner for the South African Revenue Service (2023-047735) [2025] ZAGPPHC 749 (21 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023-047735

Judge

Labuschagne

The High Court dismissed condonation for a late answering affidavit in sequestration proceedings and granted SARS’s strike-out application with punitive costs.

• Condonation For Late Filing
• Sequestration Proceedings
• Strike Out Application
• Punitive Costs
• Condonation
• Strike-out-application

Phahlane v Road Accident Fund (21973/2023)

Phahlane v Road Accident Fund (21973/2023) [2025] ZAGPJHC 706 (21 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

21973/2023

Judge

Noko

The court found that the plaintiff, as a passenger, only needed to prove minimal negligence on the part of the insured driver to succeed in her claim against the Road Accident Fund. The evidence, including the plaintiff's testimony and supporting documents, established that the driver was speeding and lost control, causing the accident. The defendant failed to present any evidence to rebut the inference of negligence, and the plaintiff's evidence remained unchallenged. The court accepted that the plaintiff contributed to her injuries by not wearing a seatbelt and boarding an overloaded vehicl…

Source excerpt

• Road Accident Fund Act
• Contributory Negligence
• Apportionment Of Damages
• Personal Injury
• Balance Of Probabilities

Temo v Passenger Rail Agency of South Africa (2021/44430)

Temo v Passenger Rail Agency of South Africa (2021/44430) [2025] ZAGPPHC 736 (21 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

2021/44430

Judge

Swanepoel

High Court damages trial arising from a train accident. The plaintiff proved only soft tissue injuries, not a fracture or loss of earning capacity, and recovered R285,000.

• Personal Injury
• Quantification Of Damages
• Expert Evidence
• Loss Of Earning Capacity
• Personal-injury
• Damages-assessment

Amiss and Another v F E Industrial Supplies CC (002313/2024)

Amiss and Another v F E Industrial Supplies CC (002313/2024) [2025] ZAGPJHC 730 (21 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

002313/2024

Judge

Mahosi

The High Court refused summary judgment, finding the defendant’s affidavit disclosed a bona fide defence based on an alleged breach and counterclaim under a subcontractor agreement.

• Summary Judgment
• Contractual Breach
• Counterclaim
• Restraint Of Trade
• Liquidated Claim
• Summary-judgment

Segole v Road Accident Fund (16923/2022)

Segole v Road Accident Fund (16923/2022) [2025] ZAGPPHC 725 (21 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

16923/2022

Judge

Millar

The High Court refused default judgment in a Road Accident Fund loss-of-support claim, finding improper prosecution by a trust account advocate, unfair late amendment, and inadmissible quantum evidence.

• Road Accident Fund Act
• Legal Practice Act
• Default Judgment
• Loss Of Support
• Trust Account Advocate
• Quantum Of Damages

Harrison v City of Tshwane Metropolitan Municipality (14012/2022)

Harrison v City of Tshwane Metropolitan Municipality (14012/2022) [2025] ZAGPPHC 747 (21 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

14012/2022

Judge

KF Phahlamohlaka

The High Court dismissed a declaratory application challenging municipal property rates for 2008/2009, finding the applicant lacked a sufficient legal interest after selling the property.

• Municipal Property Rates Act
• Declaratory Relief
• Substantial Compliance
• Jurisdiction Of High Court
• Municipal-property-rates-act
• Declaratory-relief

Djoufang v Snyders and Others (Reasons) (2025/105798)

Djoufang v Snyders and Others (Reasons) (2025/105798) [2025] ZAWCHC 297 (21 July 2025)

Court

Western Cape High Court, Cape Town

Case number

2025/105798

Judge

Pangarker

The High Court held that a late, defective notice of appeal did not suspend an eviction order and directed the sheriff to execute the warrant.

• Eviction Proceedings
• Magistrates Court Appeal
• Condonation
• Urgent Application
• Notice Of Appeal
• Execution Of Judgment

Sasfin Bank Limited and Another v Baitshoki Secondary School (Leave to Appeal) (6696/2022)

Sasfin Bank Limited and Another v Baitshoki Secondary School (Leave to Appeal) (6696/2022) [2025] ZAGPJHC 702 (21 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

6696/2022

Judge

P V Ternent

The High Court refused leave to appeal against summary judgment, finding no reasonable prospect of success and dismissing the defendant’s application with costs.

• Summary Judgment
• Leave To Appeal
• Rental Agreements
• Repudiation
• Burglary Loss
• Costs Orders