South Africa Case Law

Van Stryp v Healy (A2024/029832)

Van Stryp v Healy (A2024/029832) [2025] ZAGPJHC 675 (15 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A2024/029832

Judges

Wilson, Du Plessis, Meaden

The majority held that none of the seven Facebook posts published by the respondent constituted defamation or actionable insult against the appellant. Posts 1 to 6, though discourteous and rude, were made in the context of a robust online debate and would not be understood by a reasonable person as lowering the appellant's reputation or dignity. The references to 'stupid people', 'stupidity', and 'B problem' were not proven to refer to the appellant in a defamatory manner, and the phrase 'B problem' was reasonably interpreted as 'big problem'. The seventh post, which could have been defamator…

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• Defamation
• Iniuria
• Social Media Liability
• Fair Comment
• Objective Reasonable Person Test

Tshalibe v Minister of Home Affairs and Other (23795/2012)

Tshalibe v Minister of Home Affairs and Other (23795/2012) [2025] ZAGPPHC 708 (15 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

23795/2012

Judge

Labuschagne

The High Court held the police liable for unlawful arrest and detention, finding procedural breaches under the CPA. The malicious prosecution claim was dismissed.

• Unlawful Arrest
• Unlawful Detention
• Malicious Prosecution
• Criminal Procedure Act
• Bail Rights
• Unlawful-arrest

P.M.M obo M.D.M v MEC for Health, Gauteng Province (23339/2020)

P.M.M obo M.D.M v MEC for Health, Gauteng Province (23339/2020) [2025] ZAGPJHC 689 (15 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

23339/2020

Judge

Goodman

The High Court refused condonation for a late application for leave to appeal, finding the delay inadequately explained and the proposed appeal weak.

• Condonation
• Leave To Appeal
• Interlocutory Order
• Minor Child Rights
• Leave-to-appeal
• Interlocutory-orders

Sheriff of The High Court: Giyani (Sydney Herbert Park, An Officer of Court) v Renky Thulani Makhubela (1270/2023)

Sheriff of The High Court: Giyani (Sydney Herbert Park, An Officer of Court) v Renky Thulani Makhubela (1270/2023) [2025] ZASCA 104 (15 July 2025)

Court

Supreme Court of Appeal

Case number

1270/2023

Judges

Nicholls JA, Saldulker AJA, Norman AJA

The majority of the Supreme Court of Appeal held that the appellant, the sheriff, was not in contempt of court when he failed to transfer the funds as ordered by the high court. The sheriff had at all times evinced an intention to appeal the July order and was still within the 30-day period prescribed by the Superior Courts Act to petition the Supreme Court of Appeal. The majority found that the sheriff's conduct did not demonstrate contumacious disrespect for judicial authority but rather adherence to lawful appellate procedures. The automatic suspension of the judgment's execution pending a…

Source excerpt

• Contempt Of Court
• Wilfulness And Mala Fides
• Automatic Suspension Of Judgment
• Superior Courts Act Section 18
• Stay Of Execution

Minister of Police v N.S obo L.M (Leave to Appeal) (13/2021)

Minister of Police v N.S obo L.M (Leave to Appeal) (13/2021) [2025] ZAECMKHC 55 (15 July 2025)

Court

Eastern Cape High Court, Makhanda

Case number

13/2021

Judge

N G Beshe

Leave to appeal was refused in a damages case arising from alleged unlawful arrest, detention and assault. The court found no reasonable prospects on pleadings, quantum or costs.

• Leave To Appeal
• Unlawful Arrest
• Unlawful Detention
• Assault
• Quantum Of Damages
• Costs Award

Waleng v Passenger Rail Agency of South Africa (25598/2017)

Waleng v Passenger Rail Agency of South Africa (25598/2017) [2025] ZAGPPHC 716 (15 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

25598/2017

Judge

Neukircher

Court awarded damages for a proven leg injury only, rejecting claimed head and shoulder injuries for lack of reliable causal proof.

• Personal Injury
• Quantum Of Damages
• Causation
• Expert Evidence
• Loss Of Earnings
• Future Medical Expenses

Pillay v Lopdale Energy (Pty) Ltd (2024/127178)

Pillay v Lopdale Energy (Pty) Ltd (2024/127178) [2025] ZAGPJHC 681 (15 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/127178

Judge

Johann Gautschi

The High Court granted final liquidation of Lopdale Energy (Pty) Ltd after finding it unable to pay its debts and rejecting its defences as not bona fide.

• Winding Up Of Company
• Acknowledgement Of Debt
• Insolvency
• Genuine And Bona Fide Defence
• Service Of Process
• Winding-up-of-company

Joka v Station Commander, Vehicle Identification Unit, Komani and Another (2685/2025)

Joka v Station Commander, Vehicle Identification Unit, Komani and Another (2685/2025) [2025] ZAECMKHC 57 (15 July 2025)

Court

Eastern Cape High Court, Makhanda

Case number

2685/2025

Judge

Laing

The High Court dismissed an urgent spoliation and interdict application for release of a minibus, finding the police had reasonable grounds to seize it under the CPA.

• Spoliation Order
• Interim Interdict
• Criminal Procedure Act
• Unlawful Possession
• Prima Facie Right
• Spoliation-order

Stunga v S (Appeal) (CA&R155/2024)

Stunga v S (Appeal) (CA&R155/2024) [2025] ZAECMKHC 54 (15 July 2025)

Court

Eastern Cape High Court, Makhanda

Case number

CA & R 155/2024

Judges

Cengani-Mbakaza, G H Bloem

The High Court dismissed an appeal against a life sentence for rape of an 11-year-old, finding no substantial and compelling circumstances to depart from the minimum sentence.

• Rape Of Minor
• Minimum Sentencing
• Substantial And Compelling Circumstances
• Sentencing Discretion
• Victim Impact Statement
• Minimum-sentencing

Boshomane v Milpark Education and Others (Application for Leave to Appeal) (J1027/24)

Boshomane v Milpark Education and Others (Application for Leave to Appeal) (J1027/24) [2025] ZALCJHB 300 (15 July 2025)

Court

Labour Court Johannesburg

Case number

J1027/24

Judge

W. Kruger

The Labour Court removed an out-of-time leave to appeal application from the roll because no condonation application was filed.

• Leave To Appeal
• Condonation
• Jurisdiction
• Labour Court Rules
• Leave-to-appeal
• Labour-court-rules