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.…

Source excerpt

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

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

Choisy-Le-Roi (Proprietary) Limited v Municipality of Stellenbosch and Another (7157/2023)

Choisy-Le-Roi (Proprietary) Limited v Municipality of Stellenbosch and Another (7157/2023) [2025] ZAWCHC 339 (11 August 2025)

Court

Western Cape High Court, Cape Town

Case number

7157/2023

Judge

Bhoopchand

The High Court set aside Stellenbosch’s rezoning appeal decision after finding it relied on an ungazetted, non-binding MSDF version and was tainted by an error of law.

• Municipal Spatial Development Framework
• Procedural Fairness
• Judicial Review Under Paja
• Zoning Scheme By Law
• Error Of Law
• Administrative-law

Sunset Game Lodge CC v Da Costa and Another (9452/2023)

Sunset Game Lodge CC v Da Costa and Another (9452/2023) [2025] ZALMPPHC 152 (8 August 2025)

Court

Limpopo High Court, Polokwane

Case number

9452/2023

Judge

Bresler

The court found that none of the grounds advanced by the applicant established reasonable prospects of success on appeal. There was no material factual dispute requiring referral to trial, and the matter was capable of determination on affidavit. The lease agreement was validly cancelled, and the applicant failed to show entitlement to transfer of ownership. The issue regarding the Kruger-permit was rendered moot by the cancellation. The cost order was properly granted to the successful party, and no irregularity or misdirection was shown. Accordingly, the application for leave to appeal was…

Source excerpt

• Leave To Appeal
• Contractual Possession
• Valid Cancellation
• Costs Award

Van till Outdoor (Pty) Ltd and Another v City of Johannesburg Metropolitan Municipality and Others (2024/032964)

Van till Outdoor (Pty) Ltd and Another v City of Johannesburg Metropolitan Municipality and Others (2024/032964) [2025] ZAGPJHC 774 (8 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/032964

Judge

Snyman AJ

The High Court held that Johannesburg’s Outdoor Advertising By-Laws do not authorise JMPD impoundments, and granted declaratory and interdictory relief.

• Municipal By Laws Enforcement
• Unlawful Impoundment
• Declaratory Relief
• Interdictory Relief
• Doctrine Of Ripeness
• Interpretation Of By Laws

Mofiko v Mthophe and Others (2024/044182)

Mofiko v Mthophe and Others (2024/044182) [2025] ZAGPJHC 772 (7 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/044182

Judge

B R Kahn

Eviction application dismissed because the respondent’s occupation remained lawful under an extant sale agreement and no lawful termination was shown.

• Eviction
• Unlawful Occupation
• Sale Agreement
• Alienation Of Land Act
• Onus Of Proof
• Unlawful-occupation

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

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

Pienaar and Another v Cowens and Another (11933/2020)

Pienaar and Another v Cowens and Another (11933/2020) [2025] ZAWCHC 334 (5 August 2025)

Court

Western Cape High Court, Cape Town

Case number

11933/2020

Judge

Mapoma

The High Court refused leave to amend a claim to add fraudulent misrepresentation, finding the new cause of action prescribed and prejudicial to the defendants.

• Amendment Of Pleadings
• Prescription Act
• Fraudulent Misrepresentation
• Consumer Protection Act
• Prejudice In Amendment
• Costs Of Amendment

Lesedi Local Municipality v Heidelberg Beer Festival CC (2025/040312)

Lesedi Local Municipality v Heidelberg Beer Festival CC (2025/040312) [2025] ZAGPJHC 755 (4 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/040312

Judge

Makamu

The High Court granted Lesedi Local Municipality urgent relief against an unlawfully occupying tenant, ordering it to stop trading and vacate the premises.

• Unlawful Occupation
• Eviction
• Municipal Contracts
• Urgent Interdict
• Unlawful-occupation
• Municipal-contracts