South Africa Case Law

Special Investigating Unit v Bendalo Holdings (Pty) Ltd and Another (EC23/2024)

Special Investigating Unit v Bendalo Holdings (Pty) Ltd and Another (EC23/2024) [2025] ZAST 11 (10 July 2025)

Court

Special Tribunal

Case number

EC23/2024

Judge

Mashile

The Tribunal found that the SIU had locus standi to bring the application, as its mandate under the Proclamation and the SIU Act extended to investigating matters connected to the National State of Disaster, including the procurement of SRD food parcels. The Tribunal rejected Bendalo's argument that the SIU's mandate was limited to events after 1 January 2020, holding that the Proclamation and Schedule must be interpreted harmoniously and that the impugned decision was sufficiently connected to the National State of Disaster. However, the Tribunal upheld Bendalo's point of non-joinder, findin…

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• Public Procurement
• Deviation From Tender Process
• Locus Standi
• Non Joinder
• Constitutionality Of Procurement
• Preferential Procurement Policy

Morwell Plant Hire (Pty) Ltd v Tseke Construction CC (2024/26563)

Morwell Plant Hire (Pty) Ltd v Tseke Construction CC (2024/26563) [2025] ZAGPJHC 670 (10 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/26563

Judge

Johann Gautschi

The High Court granted provisional liquidation of a close corporation after finding an admitted debt, no proven payment defence, and a misconceived cession defence.

• Winding Up Of Close Corporation
• Inability To Pay Debts
• Cession Defence
• Provisional Liquidation
• Onus Of Payment
• Commercial Insolvency

Musawenkosi Hlongwa v SM Xulu Incorporated and Another (J3319/18)

Musawenkosi Hlongwa v SM Xulu Incorporated and Another (J3319/18) [2025] ZALCJHB 317 (10 July 2025)

Court

Labour Court Johannesburg

Case number

J3319/18

Judge

M Makhura

The Labour Court upheld a lis alibi pendens plea, finding that a remuneration claim duplicated an already pending constructive dismissal dispute.

• Lis Alibi Pendens
• Unpaid Remuneration
• Constructive Dismissal
• Basic Conditions Of Employment Act
• Labour Relations Act
• Lis-alibi-pendens

Muziwenkosi v Minister of Police (18474/2012)

Muziwenkosi v Minister of Police (18474/2012) [2025] ZAGPJHC 672 (10 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

18474/2012

Judge

Ntlama-Makhanya

The High Court awarded R650,000 for unlawful arrest and detention after finding SAPS lacked objectively reasonable grounds and acted humiliatingly.

• Unlawful Arrest And Detention
• Malicious Prosecution
• Defamation
• Damages Quantification
• Constitutional Rights Violation
• Vicarious Liability

Nedbank Limited v Matthys Johannes Lourens Wessels NO and Others (6626/2024)

Nedbank Limited v Matthys Johannes Lourens Wessels NO and Others (6626/2024) [2025] ZAFSHC 211 (10 July 2025)

Court

Free State High Court, Bloemfontein

Case number

6626/2024

Judge

Ntanga AJ

The High Court refused summary judgment, holding that the defendants raised a bona fide and triable defence based on alleged payments extinguishing the debt.

• Summary Judgment
• Suretyship
• Settlement Agreement
• Extinguishment Of Debt
• Leave To Defend
• Summary-judgment

Adendorff N.O v Savrez Trading (Pty) Ltd and Another (Reasons) (2025/080510)

Adendorff N.O v Savrez Trading (Pty) Ltd and Another (Reasons) (2025/080510) [2025] ZAWCHC 286 (9 July 2025)

Court

Western Cape High Court, Cape Town

Case number

2025/080510

Judge

P. S. Van Zyl

The court found the respondents' postponement application to be lacking in bona fides, unsupported by adequate explanation, and indicative of a tactical delay. The applicant had tendered sufficient substituted security for the alleged builder's lien, which exceeded the amount claimed and was held in attorneys' trust. The respondents failed to commence arbitration or provide any substantive defence. The applicant, as owner, was entitled to possession and access to the property, especially given the risks and responsibilities following transfer. The court exercised its discretion to grant urgen…

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• Builders Lien
• Substituted Security
• Urgent Interdict
• Arbitration Clause
• Rei Vindicatio

Solidarity obo Burger v South African Police Service and Others (C242/2023)

Solidarity obo Burger v South African Police Service and Others (C242/2023) [2025] ZALCCT 51 (9 July 2025)

Court

Labour Court Cape Town

Case number

C242/2023

Judge

C de Kock

Review of a promotion arbitration award dismissed. The Labour Court held the arbitrator’s decision was reasonable and supported by evidence, and the equity-based appointment was rational.

• Unfair Labour Practice
• Employment Equity
• Promotion Disputes
• Arbitration Review
• Reasonableness Standard
• Labour-law

A.M.M v Minister of Police (1924/2023)

A.M.M v Minister of Police (1924/2023) [2025] ZANWHC 115 (9 July 2025)

Court

North West High Court, Mafikeng

Case number

1924/2023

Judge

Oosthuizen-Senekal

The plaintiff established that he was arrested and detained without a warrant, and the defendant, having failed to plead or appear, did not discharge the burden to justify the lawfulness of the arrest. The arrest and detention were therefore unlawful. The plaintiff's evidence of humiliation, emotional distress, and loss of livelihood, aggravated by his physical disability and the deplorable conditions of detention, warranted compensation. The quantum of damages was assessed with reference to comparable case law, the plaintiff's vulnerability, and the impact on his family and livelihood. Costs…

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• Unlawful Arrest
• Unlawful Detention
• Damages Assessment
• Constitutional Right To Liberty
• Costs Award

Standard Bank of South Africa v Hendricks (11184/2018)

Standard Bank of South Africa v Hendricks (11184/2018) [2025] ZAWCHC 280 (9 July 2025)

Court

Western Cape High Court, Cape Town

Case number

11184/2018

Judge

Thulare

The court granted standard-bank execution against a primary residence, finding mortgage and municipal arrears substantial, alternatives exhausted, and execution proportionate.

• Rule 46a Execution
• Mortgage Bond Enforcement
• Primary Residence Execution
• Debt Review Process
• Proportionality In Execution
• Rule-46a-execution

Financial Sector Conduct Authority v Financial Services Tribunal and Others (009838/2023)

Financial Sector Conduct Authority v Financial Services Tribunal and Others (009838/2023) [2025] ZAGPPHC 675 (9 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

009838/2023

Judge

N Janse Van Nieuwenhuizen

The court held that the FSCA may impose administrative penalties on peregrini under section 167 of the Financial Sector Regulation Act where the requirements of the section are satisfied and there is a sufficiently close connection between the conduct and South Africa. The court found that service of notice by any means, including electronic means, is sufficient to establish jurisdiction over peregrini for regulatory purposes. The common law was developed to reflect modern digital realities and the public interest in regulating cross-border financial misconduct. The majority decision of the T…

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• Financial Sector Regulation Act
• Jurisdiction Over Peregrini
• Administrative Penalties
• Service Of Process
• Development Of Common Law