South Africa Case Law

Independent Communications Authority of South Africa and Others v Open Heaven Community Radio and Others (1133/2023)

Independent Communications Authority of South Africa and Others v Open Heaven Community Radio and Others (1133/2023) [2025] ZASCA 117 (12 August 2025)

Court

Supreme Court of Appeal

Case number

1133/2023

Judges

Dambuza, Mbatha, Dolamo

The Supreme Court of Appeal held that ICASA has the discretion to condone late submissions of renewal notices for class broadcasting licences under s 19(2) of the Electronic Communications Act, as the six-month period is intended for ICASA’s administrative benefit. The court found that substantial compliance with the statutory purpose suffices and that ICASA should have considered Open Heaven’s late renewal notice, which was only 14 days out of time. Regarding the 2021 regulations, the court determined that the extension of licence validity from five to seven years applies to all class licenc…

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• Broadcasting Licence Renewal
• Retrospective Application Of Regulations
• Condonation Of Late Filing
• Statutory Interpretation
• Regulatory Discretion

Ntimane v Road Accident Fund (297/2017)

Ntimane v Road Accident Fund (297/2017) [2025] ZAMPMBHC 74 (12 August 2025)

Court

Mbombela High Court, Mpumalanga

Case number

297/2017

Judge

Shai

The High Court granted absolution from the instance in a Road Accident Fund claim after finding material contradictions about the vehicles involved and no reliable proof of liability.

• Road Accident Claim
• Onus Of Proof
• Contradictory Evidence
• Absolution From The Instance
• Road-accident-fund
• Absolution-from-the-instance

Manqele v Baloyi Masango Inc Attorneys and Others (896/2023)

Manqele v Baloyi Masango Inc Attorneys and Others (896/2023) [2025] ZAMPMBHC 75 (12 August 2025)

Court

Mbombela High Court, Mpumalanga

Case number

896/2023

Judge

Vukeya

The High Court dismissed a defamation claim over an investigative municipal report, finding qualified privilege, no unlawful publication, and no proof of malice.

• Defamation
• Qualified Privilege
• Publication Requirement
• Animus Iniuriandi
• Municipal Liability
• Qualified-privilege

Naude and Another v South African Legal Practice Council (A262/2023)

Naude and Another v South African Legal Practice Council (A262/2023) [2025] ZAGPPHC 774 (12 August 2025)

Court

North Gauteng High Court, Pretoria

Case number

A262/2023

Judges

Millar, Van der Schyff, Labuschagne

The High Court upheld an appeal against the suspension of attorney Wynand Naude, finding the LPC’s investigation and urgent suspension application were unjustified.

• Legal Practitioner Suspension
• Misrepresentation
• Trust Account Compliance
• Right To A Hearing
• Urgent Application
• Costs Award

Department of Agriculture Land Reform and Rural Development: Director General v Barolong Boo Maiketso Communal Property Association and Others (Leave to Appeal) (UM262/2023)

Department of Agriculture Land Reform and Rural Development: Director General v Barolong Boo Maiketso Communal Property Association and Others (Leave to Appeal) (UM262/2023) [2025] ZANWHC 141 (11 August 2025)

Court

North West High Court, Mafikeng

Case number

UM262/2023

Judge

Dibetso-Bodibe

The High Court refused leave to appeal against its earlier ex parte reconsideration order, finding no reasonable prospects of success.

• Leave To Appeal
• Locus Standi
• Ex Parte Orders
• Communal Property Association Act
• Motion Proceedings
• Leave-to-appeal

Ellisras Brandstof and Olieverspreiders (Pty) Ltd and Others v Q4 Fuel (Pty) Ltd (Appeal) (HCAA10/2024 ; 10146/2022)

Ellisras Brandstof and Olieverspreiders (Pty) Ltd and Others v Q4 Fuel (Pty) Ltd (Appeal) (HCAA10/2024 ; 10146/2022) [2025] ZALMPPHC 151 (11 August 2025)

Court

Limpopo High Court, Polokwane

Case number

HCAA10/2024

Judges

Bresler AJ, Ngobeni J, Mangena AJ

The court found that the dispute regarding the calculation of the outstanding balance under the loan agreement was genuine and material, as the required monthly reconciliation and sign-off by both parties had not occurred. The respondent's reliance on a certificate of balance was insufficient to establish the claim on a balance of probabilities, given the lack of compliance with the prescribed methodology and the omission of branding costs. The matter was not suitable for determination on affidavit, and the application procedure was inappropriate in the circumstances. The court held that the…

Source excerpt

• Motion Proceedings
• Loan Agreement Dispute
• Quantification Of Claim
• Genuine Dispute Of Fact
• Referral To Trial

Councillor D.M Pitso (Mayor of Ramotshere Moiloa Municipality) and Another v Councillor L P Letshufi Speaker of Ramotshere Moiloa Local Municipality and Others (2495/2025)

Councillor D.M Pitso (Mayor of Ramotshere Moiloa Municipality) and Another v Councillor L P Letshufi Speaker of Ramotshere Moiloa Local Municipality and Others (2495/2025) [2025] ZANWHC 148 (11 August 2025)

Court

North West High Court, Mafikeng

Case number

2495/2025

Judge

Malane

The High Court dismissed a specific performance claim after finding that an acknowledgment of debt was a credit agreement under the NCA and the applicant was unregistered.

• National Credit Act
• Credit Provider Registration
• Specific Performance
• Acknowledgment Of Debt
• In Duplum Rule
• National-credit-act

M.C.M v M.S.M (Appeal) (HCA16/2024)

M.C.M v M.S.M (Appeal) (HCA16/2024) [2025] ZALMPPHC 153 (11 August 2025)

Court

Limpopo High Court, Polokwane

Case number

HCA16/2024

Judges

Naude-Odendaal, J.D. Stroh

The High Court dismissed an appeal against forfeiture of a respondent’s pension interest in a divorce, holding the appellant’s misconduct justified the order.

• Divorce Act Section 9
• Forfeiture Of Patrimonial Benefits
• Undue Benefit
• Substantial Misconduct
• Division Of Joint Estate
• Divorce-act-section-9

Municipal Employees Pension Fund and Others v Ndou and Another (076955/2025)

Municipal Employees Pension Fund and Others v Ndou and Another (076955/2025) [2025] ZAGPJHC 775 (11 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

076955/2025

Judge

Khan

The High Court found partial non-compliance with a prior order, granted contempt relief in terms of the draft prayers, and ordered punitive costs.

• Contempt Of Court
• Interdict
• Punitive Costs
• Contempt-of-court
• Punitive-costs

Choisy-Le-Roi (Proprietary) Limited v Municipality of Stellenbosch and Another (7157/2023)

Choisy-Le-Roi (Proprietary) Limited v Municipality of Stellenbosch and Another (7157/2023) [2025] ZAWCHC 339 (11 August 2025)

Court

Western Cape High Court, Cape Town

Case number

7157/2023

Judge

Bhoopchand

The High Court set aside Stellenbosch’s rezoning appeal decision after finding it relied on an ungazetted, non-binding MSDF version and was tainted by an error of law.

• Municipal Spatial Development Framework
• Procedural Fairness
• Judicial Review Under Paja
• Zoning Scheme By Law
• Error Of Law
• Administrative-law