South Africa Case Law

Imologa Community Project (Npo) v Minister of Social Development and Others (096524/2025)

Imologa Community Project (Npo) v Minister of Social Development and Others (096524/2025) [2025] ZAGPPHC 719 (14 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

096524/2025

Judge

Botsi-Thulare

The court found that the applicant was aware of the investigation and the reasons for the funding decline since April 2024, yet failed to take timely action or pursue available remedies. The urgency claimed by the applicant was deemed self-created, as the applicant had ample opportunity to address the issues through ordinary court processes or internal remedies. The court held that the applicant did not demonstrate that substantial redress could not be obtained in due course, nor did it show irreparable harm justifying urgent intervention. The public interest in accountability and protection…

Source excerpt

• Urgency In Interdicts
• Exhaustion Of Internal Remedies
• Jurisdiction Of High Court
• Procedural Fairness
• Public Funding Disputes

Special Investigating Unit v Solidarity obo Walser (JR1305/22)

Special Investigating Unit v Solidarity obo Walser (JR1305/22) [2025] ZALCJHB 310 (13 July 2025)

Court

Labour Court Johannesburg

Case number

JR1305/22

Judge

H Schensema

The Court found that the applicant failed to provide a compelling and comprehensive explanation for the delay in filing the review application, particularly for the period between 25 May 2022 and 6 June 2022. The reasons advanced, including miscommunication and email issues, were unsupported by evidence and did not cover the entire period of delay. The applicant’s inability to prepare for the arbitration was self-created, as it had ample opportunity to consult with its witnesses and legal representatives. The Commissioner’s refusal to grant a further postponement and to allow witnesses to rem…

Source excerpt

• Condonation
• Review Of Arbitration Award
• Unfair Labour Practice
• Postponement Principles
• Audi Alteram Partem

Kerbyn Cape 2 (Pty) Ltd v Commissioner: SARS (15899/2023)

Kerbyn Cape 2 (Pty) Ltd v Commissioner: SARS (15899/2023) [2025] ZAWCHC 308 (11 July 2025)

Court

Western Cape High Court, Cape Town

Case number

15899/2023

Judge

Mantame

The High Court lacks jurisdiction to hear the review application because the applicant failed to exhaust internal remedies as required by the Tax Administration Act and PAJA. The applicant did not seek a directive from the High Court to bypass the Tax Court, nor did it demonstrate exceptional circumstances justifying such a departure. The mere lapse of time and inaccessibility of internal remedies do not satisfy the duty to exhaust or constitute exceptional circumstances. The applicant's repeated late objections and failure to follow prescribed procedures under the TAA and Tax Court Rules pre…

Source excerpt

• Tax Administration Act
• Promotion Of Administrative Justice Act
• Jurisdiction Of High Court
• Exhaustion Of Internal Remedies
• Condonation For Late Filing

Southern Liqueur Company Limited v Noble Spirits (Pty) Ltd (Leave to Appeal) (7243/2021)

Southern Liqueur Company Limited v Noble Spirits (Pty) Ltd (Leave to Appeal) (7243/2021) [2025] ZAWCHC 285 (11 July 2025)

Court

Western Cape High Court, Cape Town

Case number

7243/2021

Judge

R K Parker

Leave to appeal was refused in a trade mark interdict dispute about AFRULA and AMARULA, with costs awarded against the respondent.

• Trade Marks Act
• Statutory Infringement
• Dilution Of Distinctiveness
• Confusing Similarity
• Interdict
• Freedom Of Expression

N.P.K. v K.A.K (2020/15202; 2024/023432)

N.P.K. v K.A.K (2020/15202; 2024/023432) [2025] ZAGPJHC 669 (11 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2020/15202; 2024/023432

Judge

Von Ludwig

The High Court dismissed an application to reconsider a hearing date set by the Deputy Judge President, finding no factual or procedural basis to interfere.

• Case Management
• Hearing Scheduling
• Judicial Discretion
• Case-management
• Hearing-scheduling
• Judicial-discretion

Molefe v Eskom Pension and Provident Fund and Others (93895/2019)

Molefe v Eskom Pension and Provident Fund and Others (93895/2019) [2025] ZAGPPHC 721 (11 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

93895/2019

Judges

R G Tolmay, M J Teffo, R Francis-Subbiah

The Full Court found that the court a quo erred in resolving the dispute regarding the amount repayable by Mr Molefe to the Fund solely on the papers, without proper consideration of the divergent expert actuarial evidence and the factual disputes regarding the calculation and flow of money. The court held that the matter required referral to oral evidence before a different judge to properly determine the quantum, as the actuaries' reports and supplementary affidavits revealed substantial disputes not amenable to resolution on affidavit. The court rejected the argument that the dispute had a…

Source excerpt

• Referral To Oral Evidence
• Expert Evidence
• Pension Fund Dispute
• Tax Refund Liability
• Costs Award
• Rule 41a Mediation

South African Police Services v Safety and Security Sectoral Bargaining Council and Others (C33/2021)

South African Police Services v Safety and Security Sectoral Bargaining Council and Others (C33/2021) [2025] ZALCCT 53 (11 July 2025)

Court

Labour Court Cape Town

Case number

C33/2021

Judge

C May

The applicant failed to comply with the relevant rules and practice manual, resulting in the application being deemed withdrawn. No reasonable or acceptable explanation was provided for the significant delays in filing the record and the reinstatement application. The court found the delay to be flagrant and unjustified, and the absence of explanation was fatal to the application. Even considering the interests of justice and the importance of the matter, the court determined that there were no prospects of success on review. The arbitrator's award of protected promotion was found to be lawfu…

Source excerpt

• Condonation
• Unfair Labour Practice
• Protected Promotion
• Delay In Filing
• Prospects Of Success

South African Legal Practice Council v Beukman (17538/24)

South African Legal Practice Council v Beukman (17538/24) [2025] ZAWCHC 284 (11 July 2025)

Court

Western Cape High Court, Cape Town

Case number

17538/24

Judges

Slingers, Mayosi

The High Court struck a legal practitioner from the roll for misappropriating trust funds, concealing a refund, breaching a settlement, and failing to repay the client.

• Legal Practitioner Misconduct
• Misappropriation Of Trust Funds
• Fit And Proper Person
• Disciplinary Proceedings
• Code Of Conduct
• Settlement Agreement Breach

Mneno v RAF (4942/2022)

Mneno v RAF (4942/2022) [2025] ZAFSHC 212 (11 July 2025)

Court

Free State High Court, Bloemfontein

Case number

4942/2022

Judge

JP Daffue

The High Court awarded Faith Mneno R9.16 million for past and future loss of earnings after a severe road accident injury, while postponing general damages sine die.

• Road Accident Fund Act
• Quantum Of Damages
• Loss Of Earnings
• Serious Injury Assessment
• Expert Evidence
• Road-accident-fund

Interlagos Trading (Pty) Ltd and Others v Sundale Free Range Dairy (Pty) Ltd (D8288/2024)

Interlagos Trading (Pty) Ltd and Others v Sundale Free Range Dairy (Pty) Ltd (D8288/2024) [2025] ZAKZDHC 42 (11 July 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D8288/2024

Judge

Olsen J

The High Court upheld exceptions to a prolix particulars of claim in a commission dispute, finding the plaintiffs had not clearly pleaded a cause of action or joint liability.

• Pleading Requirements
• Vagueness And Embarrassment
• Joint And Several Liability
• Commission Agreements
• Agency
• Striking Out