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South Africa decisions
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M.J.P v P.M.P (Appeal) (HCA08/2023) [2025] ZALMPPHC 135 (14 July 2025)
The High Court dismissed an appeal in a divorce matter, upholding the refusal of forfeiture and the award of pension-interest benefits, with no costs order.
Mokoena v Department of Health, Free State and Another (374/2025) [2025] ZAFSHC 214 (14 July 2025)
The court held that the Department of Home Affairs has a direct and substantial interest in any proceedings concerning the verification and amendment of identity numbers. Without its joinder, the court cannot grant declaratory relief or order the Department of Health to amend its records, as only Home Affairs is statutorily empowered to verify and rectify identity information. The applicant failed to join Home Affairs, and the absence of verification precludes the court from determining the correctness of the identity number or granting the relief sought. The point in limine of non-joinder wa…
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Future Packaging and Machinery (Pty) Ltd v Polti and Others (2025/034079) [2025] ZALCJHB 322 (14 July 2025)
The Labour Court enforced a restraint of trade and confidentiality agreement against a former senior employee, but limited the restraint to two years from suspension.
Technical Systems (Pty) Ltd and Another v RTS Industries and Others (17470/2014) [2025] ZAWCHC 292 (14 July 2025)
The High Court ordered the respondents to pay party-and-party costs after the merits were settled, finding their abandonment of the plant justified a costs award.
Meyersdal Nature Estate Homeowners Association v Makhomisani N.O. and Another (2019/21916) [2025] ZAGPJHC 680 (14 July 2025)
The court found that the applicant failed to comply with the requirements for substitution of parties under Rule 15(2) of the Uniform Rules of Court. The notice of substitution was not personally served on the correct trustee, and no application for leave to substitute was made after the commencement of the hearing. The return of service indicated that service was effected on the incorrect party and not on the trustee who should have been joined. The court held that these procedural defects were fatal to the application, and as a result, the rule nisi could not be confirmed. The applicant's f…
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M.B. v S (A94/2024) [2025] ZAGPJHC 707 (14 July 2025)
The court found that the complainant was a credible and competent witness whose evidence was corroborated by medical reports and other witnesses. The appellant's version was inconsistent and not reasonably possibly true. The State proved all elements of the offences beyond reasonable doubt. The lower court correctly applied the cautionary rule and found no substantial and compelling circumstances to deviate from the prescribed minimum sentences. The appellant's personal circumstances were considered flimsy and did not warrant a lesser sentence. The effective sentence of life imprisonment was…
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Mbonambi and Another v eJobourg Retirement Fund and Others (20601/2022) [2025] ZAGPJHC 679 (14 July 2025)
The court found that the Fund had complied with its statutory duty under section 37C of the Pension Funds Act by tracing and considering all potential dependants and nominees. The Fund exercised its discretion lawfully and rationally, taking into account the affidavits and evidence presented. The applicants failed to provide sufficient proof of dependency, and the Fund’s decision to allocate the death benefit solely to Mrs Mbonambi Senior was supported by rational reasons and the deceased’s nomination. The non-joinder of Mrs Mbonambi Senior did not preclude determination of the matter, as her…
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Sibeko v Mogashoa and Another (064969/2025) [2025] ZAGPPHC 752 (14 July 2025)
The High Court dismissed an application for leave to appeal against a contempt order and awarded costs on the attorney-and-client scale.
BBKS High School v Department of Education - Limpopo and Others (1471/2025) [2025] ZALMPPHC 139 (14 July 2025)
The court found that the Department of Education's refusal to register BBKS High School as an examination centre was irrational and unlawful. The Department relied on a procedure requiring prior Umalusi accreditation, which is not mandated by any statute, regulation, or official policy. The evidence showed that the school met all minimum requirements for registration, as confirmed by the Department's own feasibility study. Umalusi itself required the examination centre number to finalise accreditation, creating a procedural deadlock that was not supported by law. The Department's conduct unju…
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Chill Beverages International (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (C160/2024) [2025] ZALCJHB 298 (14 July 2025)
The Labour Court upheld an award finding dismissal unfair after a worker failed a breathalyser test but showed no impairment and unknowingly consumed alcohol in cough mixture.
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