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South Africa decisions
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M.D.P v W.T.P and Another (Appeal) (A139/2024) [2025] ZAWCHC 300 (17 July 2025)
Appeal upheld in a child-residence dispute, with the court replacing a shared-residence order by a term/holiday split and immediate parenting coordination.
Labour Party of South Africa v President of the Republic of South Africa and Others (2025/092790) [2025] ZAGPPHC 743 (17 July 2025)
The Court found that the President's constitutional duty to promote national unity under section 83(c) inherently includes the power to initiate processes such as the National Dialogue. The Labour Party failed to establish a prima facie right, as the President's actions were rationally linked to the constitutional objective of fostering national unity. There was no evidence of unlawful expenditure or exclusion from the process, and the R700 million figure was not final nor proven to breach public finance laws. The alleged harms were either speculative, not irreparable, or capable of redress t…
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Moalusi and Another v Kondowe and Another (2023/119996) [2025] ZAGPJHC 693 (16 July 2025)
The respondent has no legal entitlement to remain in occupation of the property. The instalment sale agreement was cancelled, and any claims to improvements or compensation were resolved by a settlement agreement in September 2023. The respondent's alleged lien is vague and unsupported by evidence, and is contradicted by the settlement. The applicants have complied with all procedural requirements under the Prevention of Illegal Eviction and Unlawful Occupation Act. The respondent is employed and alternative accommodation is available. The presence of minor children does not create a right to…
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Boomerang Fruits (Pty) Ltd v Umkhonto Wesizwe and Others (2025/061014) [2025] ZALCCT 54 (16 July 2025)
The court found that the employees embarked on an unprotected strike without complying with the procedural requirements of the Labour Relations Act. The political party, Umkhonto Wesizwe, although denying instigation, played an active role in supporting and representing the strikers, participating in demonstrations, mediating demands, and issuing antagonistic media statements. The evidence showed that the party's involvement went beyond mere advisory support and amounted to acting as a de facto representative akin to a union. The court held that the interim interdict should be confirmed as a…
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Pilisanani Trading Enterprise 50 CC v Information Regulator (South Africa) and Others (D1269/2022) [2025] ZAKZDHC 45 (16 July 2025)
The court held that the Information Regulator's refusal to condone the late submission of the applicant's complaint was reasonable and not reviewable. The applicant failed to provide a full and persuasive explanation for the delay, particularly for the period after it became aware of the legislative requirements. The applicant's ignorance of the law, especially given its legal representation, was not a sufficient excuse. Furthermore, the request for access to records was fatally defective for failing to identify the underlying right to be exercised or protected, as required by PAIA. The Regul…
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Valhalla Fishing Enterprises (Pty) Ltd v Bluefin Holdings (Pty) Ltd and Another (2025/069955) [2025] ZAWCHC 295 (16 July 2025)
Urgent application struck from the roll for lack of urgency and failure to comply with arbitration clauses; the respondent’s affidavit remained valid despite a commissioning defect.
BHGH v GH (041781/2024) [2025] ZAGPPHC 746 (16 July 2025)
The court found that the allegations of sexual misconduct against the applicant are serious and that the minor child, being under three years old, is particularly vulnerable. The best interests of the child must take precedence over the applicant’s right to contact. The interim protection order, which prohibits contact pending a forensic investigation, is justified given the gravity of the allegations. The applicant’s failure to anticipate the return date of the interim order and clear his name was noted as concerning. The court held that neither reinstatement of contact nor supervised contac…
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O.M.L v S.S.L (10528/2022) [2025] ZAGPPHC 712 (16 July 2025)
The court held that a twice-signed settlement agreement was valid and binding, rejected the defendant’s claim of misunderstanding, and granted a divorce.
Kgwale obo K.E.T v Road Accident Fund (4809/21) [2025] ZAGPPHC 723 (16 July 2025)
The High Court quantified the plaintiff’s loss of earnings after a severe motor vehicle accident, awarding R4,917,162 after an interim payment and confirming future medical cover.
Mulaudzi v Minister of Police and Another (29235/16) [2025] ZAGPJHC 678 (16 July 2025)
The High Court awarded R800,000 for unlawful arrest and detention, and ordered attorney-and-client costs, after finding serious harm and official misconduct.
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