South Africa Case Law

Hendricks v City of Cape Town and Another (12803/2024)

Hendricks v City of Cape Town and Another (12803/2024) [2025] ZAWCHC 344 (13 August 2025)

Court

Western Cape High Court, Cape Town

Case number

12803/2024

Judge

Da Silva Salie

Transnet Limited has a direct and substantial interest in the subject matter of the action, as the dispute over ownership and responsibility for the manhole directly implicates its legal interests. The risk of inconsistent judgments and prejudice to the applicant, particularly regarding the prescription period, necessitates joinder. The denial of liability by Transnet does not negate its interest; rather, the dispute itself underscores the need for its participation. Joinder will not cause undue prejudice to Transnet beyond its involvement in the proceedings, which is inherent in any joinder.…

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• Joinder Of Parties
• Direct And Substantial Interest
• Municipal Liability
• Prescription Period

Old Mutual Alternate Risk Transfer Insure Limited v SA Guarantee Specialists Proprietary Limited and Another (2025/127863)

Old Mutual Alternate Risk Transfer Insure Limited v SA Guarantee Specialists Proprietary Limited and Another (2025/127863) [2025] ZAWCHC 345 (13 August 2025)

Court

Western Cape High Court, Cape Town

Case number

2025/127863

Judge

Morrissey AJ

The High Court granted urgent access and inspection relief to an insurer against its underwriting manager after unauthorised offshore guarantees and non-compliance concerns.

• Specific Performance
• Cell Captive Insurance
• Contract Termination
• Data Access Rights
• Breach Of Contract
• Fiduciary Duties

Vorster and Another v Bala (Leave to Appeal) (24463/2013)

Vorster and Another v Bala (Leave to Appeal) (24463/2013) [2025] ZAGPJHC 776 (12 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

24463/2013

Judge

G Ally

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

• Leave To Appeal
• Reasonable Prospects Of Success
• Costs Order
• Duty Of Care
• Leave-to-appeal
• Reasonable-prospects-of-success

Mashilo v Road Accident Fund (164/24)

Mashilo v Road Accident Fund (164/24) [2025] ZAMPMHC 38 (12 August 2025)

Court

Middelburg High Court, Mpumalanga

Case number

164/24

Judge

J T Leso

The High Court admitted expert evidence on affidavit, awarded R440,758 for loss of future income, ordered a medical undertaking, and postponed general damages.

• Road Accident Fund Act
• Loss Of Earning Capacity
• Future Medical Expenses
• Expert Evidence On Affidavit
• Jurisdiction General Damages
• Road-accident-fund

Metro Chicken (Pty) Ltd and Others v Master of the High Court of South Africa, Durban and Others (D14387/2023)

Metro Chicken (Pty) Ltd and Others v Master of the High Court of South Africa, Durban and Others (D14387/2023) [2025] ZAKZDHC 51 (12 August 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D14387/2023

Judge

Mossop

The High Court dismissed a liquidation challenge for lack of standing and no proof of misconduct. Condonation for a late reply was also refused with costs.

• Winding Up Of Companies
• Liquidator Powers
• Locus Standi
• Sale Of Assets
• Condonation
• Punitive Costs

B.U v C.M and Others (2025/017920)

B.U v C.M and Others (2025/017920) [2025] ZAWCHC 342 (12 August 2025)

Court

Western Cape High Court, Cape Town

Case number

2025/017920

Judge

Njokweni

The court found that the First Respondent's conditions for granting consent to the minor child's overseas travel were unreasonable and amounted to a refusal of consent. Despite the First Respondent's assertion that he did not oppose the travel, the conditions he sought to impose were excessive and not aligned with the child's best interests. The court exercised its jurisdiction under section 18(5) of the Children’s Act and section 28 of the Constitution, determining that the Applicant should be permitted to travel with the minor child to the Czech Republic, subject to reasonable conditions th…

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• Child Travel Consent
• Parental Responsibilities And Rights
• Best Interests Of Child
• Mirror Order
• Section 18 Children Act
• Section 28 Constitution

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…

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