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South Africa decisions
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Isago Ka Lefika (Pty) Ltd v Sishen Iron Ore and Others (1416/2025) [2025] ZANCHC 67 (18 July 2025)
The High Court granted urgent interim interdictory relief and issued a rule nisi in contempt proceedings arising from alleged breach of a prior termination order.
Hassody Katha v Primathie Pillay N.O. and Others (276/2024) [2025] ZASCA 106 (18 July 2025)
The Supreme Court of Appeal held that the phrase 'superior force' in section 3(1)(a) of the Prescription Act 68 of 1969 must be interpreted contextually and purposively, in line with constitutional principles protecting property rights. Death is an unforeseeable and uncontrollable event that objectively prevents the registered owner from acting to interrupt prescription. Therefore, death constitutes a 'superior force' under the Act, suspending the running of acquisitive prescription. The legislative purpose is to prevent arbitrary deprivation of property rights and to ensure an equitable bala…
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Crous v Wynberg Boys High School and Others (200/2024) [2025] ZASCA 107 (18 July 2025)
The Supreme Court of Appeal held that section 65 of the Close Corporations Act does not impose personal liability on members solely by virtue of their membership when gross abuse of juristic personality is established. Liability under section 65 requires that the member's conduct amounts to or contributes to the gross abuse. The appellant's uncontroverted evidence showed he was not involved in the fraudulent scheme conducted through the close corporation. The High Court erred in holding the appellant liable based only on his membership and in misapplying the fiduciary duty owed by members, wh…
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Sable Place Properties 106 (Pty) Ltd and Others v Visa Security Group (Pty) Ltd and Another (097988/2025) [2025] ZAGPPHC 760 (18 July 2025)
The court granted a section 18 application, keeping an urgent interdict operative pending appeal and awarding costs, including wasted costs, against the first respondent.
Majiedt NO and Another v Mangaung Metropolitan Municipality and Others (6418/2024) [2025] ZAFSHC 219 (18 July 2025)
The court found that the municipality unlawfully included arrears older than two years in the clearance figures, contrary to section 118(1)(b) of the Municipal Systems Act. The municipality failed to provide a transparent, itemised breakdown of the amounts due and included charges from a different account number without explanation. The court held that only debts accrued in the two years preceding the application may be demanded for clearance purposes, and that the municipality must provide full particulars limited to this period. The municipality's counter-application for payment of outstand…
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Francois Jurie Nicolaas Harman v Pieter Hendrik Strydom (285/2024) [2025] ZASCA 108 (18 July 2025)
The Supreme Court of Appeal held that the appellant's right to be heard was not violated by the urgent ex parte order, as multiple procedural avenues existed for him to challenge or reconsider the order, none of which he pursued. The interim orders requiring disclosure of the identities of contributors to the defamatory posts were not overbroad, as the appellant failed to demonstrate any legal or practical inability to comply, nor did he substantiate his reliance on POPIA or section 14 of the Constitution. The life-threatening nature of the posts justified the initial ex parte relief, and ind…
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E.M v S (Appeal) (A55/2023) [2025] ZAWCHC 309 (18 July 2025)
The court held that the record, though imperfect, was sufficient for proper adjudication of the appeal, as the summary of evidence provided a clear understanding of the issues. The trial court's credibility findings regarding the complainants were supported by the evidence, and the application of the cautionary rules for single and child witnesses was correct. The delay in reporting the offences was explained and did not undermine the complainants' credibility. The appellant's bare denial and attempt to blame others were found to be improbable. Regarding sentence, the court found no substanti…
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Basfour 3327 (Pty) Ltd v Thwala and Others (1008/2023) [2025] ZASCA 105 (18 July 2025)
The Supreme Court of Appeal held that the respondents unlawfully erected a new brick foundation and structure on the appellant's farm without prior engagement or consent, contrary to the requirements of meaningful engagement under the Extension of Security of Tenure Act and the principles established in Daniels v Scribante. The court found that the Land Claims Court erred by treating the application as solely dependent on contempt of court and by failing to consider the declaratory, prohibitory, and demolition relief as independent issues. The respondents' lack of engagement with the appellan…
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Minister of Water and Sanitation v Fumile Advisory Services (Pty) Ltd and Others (60250/2018; 86068/2018) [2025] ZAGPPHC 748 (18 July 2025)
The court held that, as a general rule, an order dismissing a claim is equivalent to absolution from the instance, unless the judgment and order clearly indicate a final and determinative ruling on the merits. In this case, the court's previous order and judgment did not constitute a final determination of the substantive rights of the parties. The dismissal of both the Minister's claim and Fumile's counterclaims was based on procedural grounds and evidentiary deficiencies, particularly the failure to prove quantum. The court found that neither party had put their claims on a proper basis, pr…
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National Director of Public Prosecutions and Another v Kruger (D10552/2023) [2025] ZAKZDHC 44 (18 July 2025)
The High Court dismissed an application for leave to appeal against a ruling setting aside POCA prosecution authorisation, finding no reasonable prospect of success.
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