South Africa Case Law

V.R.N v B.L.S (2024/058240)

V.R.N v B.L.S (2024/058240) [2025] ZAGPJHC 701 (18 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/058240

Judge

C Von Ludwig

The applicant failed to prove the existence of a valid and enforceable gamete donor agreement. The evidence showed that he was actively involved in the children’s lives and contributed financially, which is inconsistent with the role of a mere gamete donor. The court found that granting the declaratory order would unjustly deprive the children of paternal support and contravene the paramountcy of their best interests as required by the Children’s Act. The applicant’s reliance on section 40(3) was misplaced, as the provision is intended to protect donors in genuine donor scenarios, not to allo…

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• Parental Responsibilities
• Gamete Donor Agreement
• Children Best Interests
• Declaratory Relief
• Maintenance Obligations

Sable Place Properties 106 (Pty) Ltd and Others v Visa Security Group (Pty) Ltd and Another (Leave to Appeal) (081761-2025)

Sable Place Properties 106 (Pty) Ltd and Others v Visa Security Group (Pty) Ltd and Another (Leave to Appeal) (081761-2025) [2025] ZAGPPHC 764 (18 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

081761-2025

Judge

Minnaar

The High Court dismissed Visa Security Group’s leave to appeal against an urgent interdict and ejectment order, finding no reasonable prospects of success.

• Leave To Appeal
• Final Interdict
• Dispute Of Fact
• Plascon Evans Rule
• Urgent Application
• Leave-to-appeal

N.S v R.S (D410/2020)

N.S v R.S (D410/2020) [2025] ZAKZDHC 43 (18 July 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D410/2020

Judge

Singh

The High Court terminated joint ownership of a marital home, ordered a private auction at a R5 million reserve, and set rules for transfer and accrual division.

• Actio Communi Dividundo
• Matrimonial Property Act
• Accrual System
• Division Of Joint Property
• Termination Of Co Ownership
• Actio-communi-dividundo

Jomane Eiendomme (Pty) Ltd v Magistrate Van Zyl and Another (067/2024)

Jomane Eiendomme (Pty) Ltd v Magistrate Van Zyl and Another (067/2024) [2025] ZASCA 109 (18 July 2025)

Court

Supreme Court of Appeal

Case number

067/2024

Judges

Mbatha, Matojane, Keightley, Coppin, Phatshoane

The Supreme Court of Appeal held that the magistrate acted within her powers under rule 49(1) of the Magistrates' Courts Rules by ordering the plaintiff to file a declaration following rescission of judgment under section 58(1) of the Magistrates' Courts Act. Section 59 of the Act confirms that, in the absence of summons, the request for judgment is the first document in the action, and the subsequent exchange of pleadings is procedurally sound. The magistrate's order was a practical and fair measure to advance the dispute to trial, consistent with the audi alteram partem principle and the ef…

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• Magistrates Courts Act
• Rescission Of Judgment
• Declaration Directive
• Pleadings
• Ultra Vires
• Reviewability

Liftcor (Pty) Ltd v ABSA Vehicle Management Solutions (Pty) Ltd (2022/040937)

Liftcor (Pty) Ltd v ABSA Vehicle Management Solutions (Pty) Ltd (2022/040937) [2025] ZAGPJHC 698 (18 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/040937

Judge

M V Noko

The High Court dismissed Liftcor’s late application for leave to appeal, finding no reasonable prospects of success and awarding costs against the applicant.

• Leave To Appeal Threshold
• Rei Vindicatio
• Ownership Of Movables
• Ius Retentionis
• Estoppel
• Costs Order

N Wandlamhari Communal Property Association and Another v Mathebula and Others (LanC89/2019B)

N Wandlamhari Communal Property Association and Another v Mathebula and Others (LanC89/2019B) [2025] ZALCC 30 (18 July 2025)

Court

Land Claims Court

Case number

LanC 89/2019B

Judge

Bishop

The Land Court interdicted an urgently called NCPA AGM, finding it was not convened in compliance with clause 15.1.3 of the association constitution.

• Communal Property Association Governance
• Annual General Meeting Procedure
• Interdictory Relief
• Constitutional Compliance
• Beneficiary Verification
• Standing And Authority

B.G.M obo Baby A v Member of the Executive Council for the Department of Health North West Province (431/2021)

B.G.M obo Baby A v Member of the Executive Council for the Department of Health North West Province (431/2021) [2025] ZANWHC 124 (18 July 2025)

Court

North West High Court, Mafikeng

Case number

431/2021

Judge

T Djaje

The High Court found the health department 100% liable for brain damage caused by delayed diagnosis and treatment of a newborn’s jaundice.

• Medical Negligence
• Causation
• Standard Of Care
• Expert Evidence
• Medical-negligence
• Delayed-treatment

Oguh v The State (A151/2023)

Oguh v The State (A151/2023) [2025] ZAFSHC 220 (18 July 2025)

Court

Free State High Court, Bloemfontein

Case number

A151/2023

Judges

Daniso, Van Rhyn

High Court criminal appeal on identification evidence and alibi defence. The conviction for robbery with aggravating circumstances was upheld and the appeal dismissed.

• Identification Evidence
• Single Witness
• Alibi Defence
• Robbery With Aggravating Circumstances
• Criminal-appeal
• Identification-evidence

Capper v Wasserman (18 July 2025) (068622/2024)

Capper v Wasserman (18 July 2025) (068622/2024) [2025] ZAGPPHC 742 (18 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

068622/2024

Judge

Janse Van Nieuwenhuizen

The High Court held that a R1 million loan between close family-like parties was not an arm’s length credit agreement under the National Credit Act.

• Loan Agreement
• National Credit Act
• Arm S Length Transaction
• Punitive Costs
• Familial Relationship Exception
• Loan-agreement

Matjhabeng Local Municipality v Van der Heever (4194/2022)

Matjhabeng Local Municipality v Van der Heever (4194/2022) [2025] ZAFSHC 218 (18 July 2025)

Court

Free State High Court, Bloemfontein

Case number

4194/2022

Judges

Opperman, Daffue

The court held that the settlement agreement did not constitute a rebate or reduction in property rates as contemplated by section 15 of the Municipal Property Rates Act, but was a lawful debt collection arrangement under the municipality's By-Law. The municipal manager was authorised to accept lesser payments in full and final settlement of arrears. The municipality's reliance on its Credit Control and Debt Collection Policy was procedurally irregular and unsupported by the record. The delay in bringing the review application was unreasonable and prejudicial to the respondent and other parti…

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• Municipal Debt Collection
• Settlement Agreement
• Authority Of Municipal Manager
• Rebate Vs Debt Management
• Unreasonable Delay In Review
• Pacta Sunt Servanda