South Africa Case Law

Gauteng Department of Education v Education Labour Relations Council and Others (JR1863/2022)

Gauteng Department of Education v Education Labour Relations Council and Others (JR1863/2022) [2025] ZALCJHB 341 (5 August 2025)

Court

Labour Court Johannesburg

Case number

JR1863/2022

Judge

M Naidoo

The Labour Court dismissed an application to reinstate a lapsed review, finding the delay excessive, poorly explained, and fatal despite any prospects of success.

• Condonation
• Practice Manual Non Compliance
• Review Application Delay
• Prospects Of Success
• Prejudice
• Interest Of Justice

Kunene and Another v Malema (A2023/092235)

Kunene and Another v Malema (A2023/092235) [2025] ZAGPJHC 742 (5 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A2023/092235

Judges

Wilson, Mfenyana, Wentzel

The court held that Mr. Kunene's repeated use of the word 'cockroach' to describe Mr. Malema in a televised political debate constituted hate speech under section 10 of the Equality Act. The term 'cockroach' carries internationally recognised genocidal and dehumanising connotations, particularly in the context of political conflict, and its use was reasonably understood as intended to promote hatred and incite harm against Mr. Malema based on his political beliefs and conscience. The court rejected the argument that political affiliation cannot be a ground for hate speech, finding that consci…

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• Hate Speech
• Equality Act Section 10
• Political Expression
• Limits On Free Speech

Jemsana v Minister of Police (1220/2019)

Jemsana v Minister of Police (1220/2019) [2025] ZAECMHC 69 (5 August 2025)

Court

Eastern Cape High Court, Mthatha

Case number

1220/2019

Judge

JGA Laing

The court found that the applicant failed to demonstrate a reasonable prospect of success on appeal as required by section 17(1) of the Superior Courts Act. The police did not act unlawfully in arresting and detaining the applicant, as the officer verified informer information by questioning and searching the applicant, discovering dagga at his residence. The officer's discretion was exercised rationally, considering the seriousness of the offence, the applicant's unknown status, and the circumstances of the arrest. The alleged assault was not pleaded or pursued, and the court was constrained…

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• Leave To Appeal
• Unlawful Arrest
• Unlawful Detention
• Police Discretion
• Damages
• Superior Courts Act

Government Employees Pension Fund v Phemelo Ontla (Pty) Ltd t/a #Braai and Pizza - Rustenburg and Others (1752/2023)

Government Employees Pension Fund v Phemelo Ontla (Pty) Ltd t/a #Braai and Pizza - Rustenburg and Others (1752/2023) [2025] ZANWHC 134 (5 August 2025)

Court

North West High Court, Mafikeng

Case number

1752/2023

Judge

J.T. Maodi

High Court summary judgment in favor of the Government Employees Pension Fund for arrear lease charges, despite a reliance on an arbitration clause.

• Summary Judgment
• Lease Agreement
• Suretyship
• Liquidated Claim
• Arbitration Clause
• Summary-judgment

Haupt; Ex Parte Esterhuizen (21458/2021 ; 10857/2023), Ex parte

Haupt; Ex Parte Esterhuizen (21458/2021 ; 10857/2023), Ex parte [2025] ZAWCHC 330 (5 August 2025)

Court

Western Cape High Court, Cape Town

Case number

21458/2021 ; 10857/2023

Judge

Moosa

The court found, on the evidence of medical experts and curators ad litem, that both [L] and [R] suffer from severe disabilities rendering them incapable of managing their own affairs, thus meeting the jurisdictional requirements of Uniform Rule 57(13). The precedent in Ex parte Oppel was rejected as inconsistent with binding appellate authority and constitutional imperatives, particularly the best interests of the child standard. The court held that the appointment of a curator bonis is justified where substantial awards are at stake, the guardians lack financial expertise, and there is risk…

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• Curator Bonis Appointment
• Children With Disabilities
• Road Accident Fund Award
• Best Interests Of Child
• Uniform Rule 57
• Children S Act

S v Ndlovu (CCD30/2025)

S v Ndlovu (CCD30/2025) [2025] ZAKZDHC 52 (5 August 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

CCD30/2025

Judge

Hlatshwayo AJ

The court found that the accused intentionally and with premeditation murdered his ex-partner and her mother, and attempted to murder his son. The evidence, including forensic findings, witness testimony, and the deceased's affidavit, established a pattern of domestic violence, threats, and goal-directed conduct. The accused's claim of intoxication was rejected as false and contrived, given his ability to recall details before and after the incident and his purposeful actions during the offence. The court held that the accused unlawfully possessed firearms and ammunition on both relevant date…

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• Murder
• Attempted Murder
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition
• Criminal Capacity
• Intoxication

Medtronic (Africa) (Pty) Limited v Capital Endovascular (Pty) Limited and Another (2022/046095)

Medtronic (Africa) (Pty) Limited v Capital Endovascular (Pty) Limited and Another (2022/046095) [2025] ZAGPJHC 745 (5 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/046095

Judge

Adams

The court found that the true intention of the parties, as evidenced by the settlement negotiations and correspondence, was to settle for R48 million plus VAT. The reference to R32 million in words in the written agreement was a typographical error and did not reflect the parties' agreement. The authority of Mr Moodley to conclude the agreement was established by a power of attorney, and any alleged private instructions did not affect his authority as far as the applicant was concerned. The arbitral award was valid and enforceable, and the applicant was entitled to have it made an order of co…

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• Arbitration Act 42 Of 1965
• Enforcement Of Arbitral Award
• Interpretation Of Contracts
• Rectification
• Specific Performance

Office of the Premier Free State Province v Lesiu Others (C126/2023)

Office of the Premier Free State Province v Lesiu Others (C126/2023) [2025] ZALCCT 63 (5 August 2025)

Court

Labour Court Cape Town

Case number

C126/2023

Judge

C May

The Court found that the explanation for the delay in prosecuting the review application was reasonable and covered the entire period, as the Applicant was awaiting cooperation from the First Respondent's attorney to reconstruct the lost record. The late filing of the confirmatory affidavit by the First Respondent's attorney constituted an irregular step, as it was filed out of sequence and without condonation. The First Respondent failed to provide a reasonable explanation for the late filing of his answering affidavit, and thus condonation was refused. The Applicant demonstrated good cause…

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• Condonation
• Reinstatement Of Review
• Irregular Step
• Practice Manual Compliance
• Record Reconstruction
• Substantive Fairness

Caterpillar Financial Services South Africa (Pty) Ltd v Musor Consultants and Project CC (2025/023190)

Caterpillar Financial Services South Africa (Pty) Ltd v Musor Consultants and Project CC (2025/023190) [2025] ZAGPJHC 763 (5 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/023190

Judge

JF Pretorius

The court found that the respondent failed to set out sufficient circumstances to render the reconsideration application urgent. The respondent's allegations of prejudice, loss of contract, and reputational harm were unsupported by documentary evidence and were not causally linked to the repossession of the equipment. The respondent delayed bringing the application without adequate explanation and imposed unreasonable time constraints on the applicant. The court held that urgency in reconsideration applications is not automatic and must be independently established. As the respondent did not…

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• Urgent Application
• Reconsideration Of Ex Parte Order
• Uniform Rule 6 12 C
• Costs Award

S v Meyering (Review) (2/25)

S v Meyering (Review) (2/25) [2025] ZAWCHC 333 (5 August 2025)

Court

Western Cape High Court, Cape Town

Case number

2/25

Judges

Thulare, Bhoopchand

The High Court held that an accused’s death after plea terminates the prosecution. It set aside the magistrate’s withdrawal of charges and remitted the matter for formal termination.

• Termination Of Proceedings On Death
• Withdrawal Of Charges
• Arrest Warrant Cancellation
• Common Law Abatement
• Death-of-accused
• Abatement-of-proceedings