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South Africa decisions
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TBP Building and Civils (Pty) Ltd (In Liquidation) v Shamla Chetty t/a Nationwide Electrical and Others (D4774/2019) [2025] ZAKZDHC 46 (17 July 2025)
The High Court upheld a bank-account attachment for costs, but modified it to reflect set-off between the parties’ taxed bills.
Hlabisa and Another v Firstrand Bank Limited and Another (B1133/2023) [2025] ZAGPPHC 724 (17 July 2025)
The court found that the applicants failed to establish a clear right to a final interdict restraining the sale in execution of their property. Although the applicants paid substantial amounts towards the arrears, they did not pay all amounts due, including monthly instalments following the default judgment, as required to reinstate the credit agreement under section 129(3) of the National Credit Act. The disputed facts regarding the precise arrears and the need for an audit of the account meant that, applying the Plascon-Evans rule, the matter had to be decided in favor of the respondent. Th…
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Zana v Gwanzura (Leave to Appeal) (2025-068106) [2025] ZAGPPHC 710 (17 July 2025)
The High Court dismissed an application for leave to appeal in a child relocation dispute, finding no reasonable prospect that another court would reach a different result.
Naledi Local Municipality v Reitum Investments (Pty) Ltd and Others (M259/2022) [2025] ZANWHC 120 (17 July 2025)
The High Court granted leave to appeal only on whether the quantum ordered for an unlawful land sale was appropriate, and refused leave on costs.
Eskom Holdings SOC Limited v Framatome and Another (5201/23) [2025] ZAWCHC 296 (17 July 2025)
The court found that the adjudicator acted within the wide powers conferred by the NEC3 contract, including issuing instructions to the project manager and deferring quantum determination. The contract's wording and context support a broad interpretation of the adjudicator's powers, and the process followed was consistent with the contract and South African law. The timing of the quantum instructions and further instructions was in accordance with the contract, and both the merits and quantum decisions were issued timeously. The rules of natural justice do not apply unless incorporated into t…
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Langison v Road Accident Fund (Leave to Appeal) (20132/2021) [2025] ZAGPJHC 696 (17 July 2025)
Leave to appeal was dismissed in a Road Accident Fund matter after the court found no reasonable prospects of success on the general damages award.
Mafuyeka and Another v Standard Bank of South Africa (3835/18) [2025] ZAMPMHC 35 (17 July 2025)
The applicants failed to identify the specific rule under which their rescission application was brought, but the pleadings and submissions were consistent with Rule 31(2)(b). The explanation for default was unsupported by documentary or confirmatory evidence and was found to lack credibility. The applicants were personally served and chose not to participate, amounting to wilful default. No bona fide defence was established, as the alleged payment arrangement was unsubstantiated and the applicants acknowledged their indebtedness. The requirements for rescission under Rule 31(2)(b) were not m…
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Road Accident Fund v Commission for Conciliation Mediation and Arbitration and Others (D242/2024) [2025] ZALCD 26 (17 July 2025)
The applicant failed to prosecute the review application within the prescribed timeframes, did not seek condonation for late filing, and took no steps to reinstate the application. The review application is deemed withdrawn under Rule 37(15) of the Labour Court Rules and the Practice Manual. The Labour Court retains jurisdiction to dismiss the review application for unreasonable delay and lack of prosecution, as confirmed by recent case law. The Respondents suffered prejudice due to prolonged suspension and delay. The interests of justice and the objectives of the LRA require expeditious reso…
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Bester N.O and Others v Maas N.O and Another (2025-071547) [2025] ZAGPPHC 726 (17 July 2025)
The court found that the applicants failed to provide objective evidence of ongoing dissipation of the Trust's assets and did not adequately explain the delay in launching the urgent application. The urgency was deemed self-created, as the applicants had knowledge of the Trust's identity since 2023 but only instituted urgent proceedings in 2025, despite already having pending action proceedings for the same relief. The applicants did not demonstrate that they would be unable to obtain substantial redress in due course. Consequently, the court declined to hear the matter as urgent and struck i…
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Mafube Local Municipality v N and C Maintenance and Spares (4669/2017) [2025] ZAFSHC 217 (17 July 2025)
The High Court granted the defendant leave to amend its plea to raise prescription, finding the amendment bona fide and not irremediably prejudicial.
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