South Africa Case Law

Makua v Firstrand Bank Limited (First National Bank of Southern Africa Limited) (Reasons on Leave to Appeal) (18093/21)

Makua v Firstrand Bank Limited (First National Bank of Southern Africa Limited) (Reasons on Leave to Appeal) (18093/21) [2025] ZAGPPHC 785 (6 August 2025)

Court

North Gauteng High Court, Pretoria

Case number

18093/21

Judge

Phooko

The High Court dismissed an application for leave to appeal, finding no reasonable prospects of success and no compelling reason to hear the appeal.

• Leave To Appeal Threshold
• Postponement
• Costs Order
• Ombudsman Referral
• National Credit Act
• Constitutional Rights

National Union of Metalworkers of South Africa obo Gxesi and Others v Faurecia Emission Control Technologies (Pty) Ltd and Others (C97/2022)

National Union of Metalworkers of South Africa obo Gxesi and Others v Faurecia Emission Control Technologies (Pty) Ltd and Others (C97/2022) [2025] ZALCCT 61 (6 August 2025)

Court

Labour Court Cape Town

Case number

C97/2022

Judge

Stelzner

Labour Court review of an arbitration award upheld dismissals for collective refusal to continue a stock take shift after 3pm.

• Unfair Dismissal
• Gross Insubordination
• Collective Agreement Interpretation
• Overtime Entitlement
• Arbitration Review
• Disciplinary Sanction

P.N v D.N (10481/2018)

P.N v D.N (10481/2018) [2025] ZAWCHC 335 (6 August 2025)

Court

Western Cape High Court, Cape Town

Case number

10481/2018

Judge

Kholong

The High Court granted divorce, refused forfeiture of benefits, and ordered an equal division of the joint estate after finding the plaintiff's gambling was not proven to be substantial misconduct.

• Divorce Act Section 9
• Forfeiture Of Benefits
• Division Of Joint Estate
• Parental Rights And Responsibilities
• Maintenance Of Minor Child
• Forfeiture-of-benefits

Changing Tides 17 (Pty) Ltd N.O v Srivastava and Others (D1067/2025)

Changing Tides 17 (Pty) Ltd N.O v Srivastava and Others (D1067/2025) [2025] ZAKZDHC 49 (6 August 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D1067/2025

Judge

Mossop

The High Court set aside a reserve price for a property sale in execution and ordered a third sale without reserve after two failed auctions.

• Uniform Rule 46a
• Sale In Execution
• Reserve Price Variation
• Judicial Discretion
• Special Executability
• Uniform-rule-46a

Mkhabela v Minister of Police and Another (829/2023)

Mkhabela v Minister of Police and Another (829/2023) [2025] ZAMPMBHC 71 (6 August 2025)

Court

Mbombela High Court, Mpumalanga

Case number

829/2023

Judge

Shai

The High Court found the plaintiff’s arrest, detention, and prosecution unlawful, awarding damages against the police and prosecutor.

• Unlawful Arrest
• Unlawful Detention
• Malicious Prosecution
• Constitutional Right To Freedom
• Actio Iniuriarum
• Damages Assessment

Ndhamini v Minister of Police and Another (1655/2020)

Ndhamini v Minister of Police and Another (1655/2020) [2025] ZAMPMBHC 72 (6 August 2025)

Court

Mbombela High Court, Mpumalanga

Case number

1655/2020

Judge

Shai

The court found that the formal arrest was effected by Sergeant Mkhabela, who failed to establish the jurisdictional facts required by section 40(1)(b) of the Criminal Procedure Act, rendering the arrest unlawful. The subsequent detention was also unlawful, as the police did not justify the necessity for continued detention. The court applied the principles of legal causation and found that the police conduct was closely linked to both pre- and post-court appearance detention, making the first defendant liable for the entire period. The claim for malicious prosecution failed, as the plaintiff…

Source excerpt

• Unlawful Arrest
• Unlawful Detention
• Malicious Prosecution
• Actio Iniuriarum
• Quantum Of Damages

N.L.D v M.L (5785/22)

N.L.D v M.L (5785/22) [2025] ZAWCHC 337 (6 August 2025)

Court

Western Cape High Court, Cape Town

Case number

5785/22

Judge

Lekhuleni JD

High Court granted payment of arrear maintenance under a Rule 43 order and held the respondent’s non-payment was wilful, with leave to pursue contempt if unpaid.

• Rule 43 Interim Maintenance
• Arrear Maintenance
• Contempt Of Court
• Reciprocal Duty Of Support
• Rule-43-maintenance
• Arrear-maintenance

Masha v Zizwe Opencast Mining (Pty) Ltd (JS188/23)

Masha v Zizwe Opencast Mining (Pty) Ltd (JS188/23) [2025] ZALCJHB 337 (6 August 2025)

Court

Labour Court Johannesburg

Case number

JS188/23

Judge

H Schensema

The Labour Court dismissed an application for condonation after finding the applicant’s delay in filing the statement of case was excessive and inadequately explained.

• Condonation
• Unfair Dismissal
• Retrenchment
• Section 189 Lra
• Late Filing
• Jurisdiction

B.C.B v M.J.S (3018/2024)

B.C.B v M.J.S (3018/2024) [2025] ZALMPPHC 150 (6 August 2025)

Court

Limpopo High Court, Polokwane

Case number

3018/2024

Judge

Makoti

The court found that the requirements for a valid customary marriage under the Recognition of Customary Marriages Act were satisfied. Both parties were of age and consented to the marriage. The marriage was negotiated and partially celebrated in accordance with custom, evidenced by the lobola payment, exchange of gifts, and the subsequent church blessing with the exchange of wedding bands. The court held that the absence of a formal handing over of the bride did not invalidate the marriage, as the families' acceptance and the recognition of the plaintiff as makoti fulfilled the customary requ…

Source excerpt

• Recognition Of Customary Marriages Act
• Validity Of Customary Marriage
• Lobola Negotiation
• Handing Over Of Bride

Monareng v Minister of Police (2081/2020)

Monareng v Minister of Police (2081/2020) [2025] ZAFSHC 229 (5 August 2025)

Court

Free State High Court, Bloemfontein

Case number

2081/2020

Judge

Opperman

The court found that the SAPS Special Task Force members acted lawfully and within the bounds of section 49 of the Criminal Procedure Act. The operation was based on credible intelligence regarding dangerous suspects involved in violent crimes. The SAPS members were properly briefed, used marked vehicles and a helicopter, and attempted a box-in manoeuvre to effect arrest. The plaintiff's vehicle fled, and shots were fired at the police from the suspect vehicle. Forensic evidence linked the plaintiff to the firearm found in the vehicle, which had an erased serial number and was unlicensed. The…

Source excerpt

• Use Of Force In Arrest
• Section 49 Criminal Procedure Act
• Vicarious Liability
• Damages For Police Shooting
• Onus Of Proof
• Proportionality Of Force