South Africa Case Law

T.S v J.V.C.P and Another (20783/24)

T.S v J.V.C.P and Another (20783/24) [2025] ZAWCHC 325 (1 August 2025)

Court

Western Cape High Court, Cape Town

Case number

20783/24

Judge

Njokweni

The applicant failed to establish the jurisdictional facts necessary for an anti-dissipation interdict. There is no objective evidence that the respondent is intentionally dissipating or secreting assets to defeat the applicant's claims. The respondent continues to meet his maintenance obligations for the minor child and has not abdicated his responsibilities. The applicant's apprehension of harm is not supported by the facts, and her conduct in disposing of joint assets for personal benefit undermines her case. The balance of convenience favours the respondent, and the applicant has alternat…

Source excerpt

• Anti Dissipation Interdict
• Spousal Maintenance
• Child Maintenance
• Community Of Property Dispute
• Abuse Of Process

Acting Sheriff of High Court Magistrate Court, Mthatha v Benzi and Others (2025/115944)

Acting Sheriff of High Court Magistrate Court, Mthatha v Benzi and Others (2025/115944) [2025] ZALCPE 11 (29 July 2025)

Court

Labour Court Port Elizabeth

Case number

2025/115944

Judge

C de Kock

The Labour Court held that a second urgent application to stay enforcement of the same arbitration award was res judicata and dismissed it with attorney-and-client costs.

• Res Judicata
• Stay Of Enforcement
• Security For Review
• Abuse Of Process
• Res-judicata
• Stay-of-enforcement

Claassen and Others v Frame (2023/006221)

Claassen and Others v Frame (2023/006221) [2025] ZAGPJHC 705 (21 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/006221

Judge

M V Noko

The application to set aside the subpoena fails because Rule 38 and section 35 of the Superior Courts Act permit the issuance of subpoenas for documents relevant to proceedings, regardless of whether the subpoenaed person is to be called as a witness. The applicant's argument that a trial date must be set before a subpoena is issued is unfounded. The documents requested are relevant to the determination of the accrual in the divorce proceedings, and the applicant did not claim privilege or confidentiality over them. The contention of abuse of process is unsupported, as the subpoena was issued…

Source excerpt

• Subpoena Duces Tecum
• Relevance Of Evidence
• Accrual System
• Abuse Of Process
• Privilege And Confidentiality

Lodi and Another v ABSA Home Loans Guarantee Company (RF) Proprietary Limited and Another (2022-003946)

Lodi and Another v ABSA Home Loans Guarantee Company (RF) Proprietary Limited and Another (2022-003946) [2025] ZAGPPHC 731 (21 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

2022-003946

Judge

Ferreira

The High Court struck an urgent application from the roll, finding the applicants had not shown sufficient urgency and that the urgency was self-created.

• Urgency
• Recission Of Judgment
• Abuse Of Process
• Costs On Attorney And Client Scale
• Rescission-of-judgment
• Abuse-of-process

Seima N.O and Others v Master of High Court Johannesburg and Others (2022/045994)

Seima N.O and Others v Master of High Court Johannesburg and Others (2022/045994) [2025] ZAGPJHC 686 (7 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/045994

Judge

Sawma AJ

The High Court confirmed a rule nisi and ordered Samnakay Attorneys to pay punitive costs for advancing false, defamatory and unsupported allegations against trustees.

• Punitive Costs
• De Bonis Propriis
• Trustee Removal
• Professional Misconduct
• Insolvency Act
• Abuse Of Process

Khammissa v Tselana N.O and Others (2025/025127)

Khammissa v Tselana N.O and Others (2025/025127) [2025] ZAGPPHC 702 (4 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025/025127

Judge

Mbongwe

The High Court dismissed an urgent interdict seeking to stop a section 152 insolvency inquiry, finding the applicant lacked standing and the case was an abuse of process.

• Insolvency Act Section 152
• Jurisdiction Of Master
• Locus Standi
• Interdictory Relief
• Abuse Of Process
• Insolvency-law

MasterCard Foundation v Africa Founders Ventures NPC and Others (2025/067947)

MasterCard Foundation v Africa Founders Ventures NPC and Others (2025/067947) [2025] ZAGPJHC 685 (4 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/067947

Judge

Johann Gautschi

The court found that the business rescue resolution was invalid due to the failure to notify the applicant, a creditor and affected person, as required by section 129(3) of the Companies Act. The Foundation’s status as a creditor was established by its claim for repayment of rebranding costs and return of the Remaining Grant, both acknowledged by AFV. The practitioner’s conduct in using business rescue for an informal wind-down, refusing to terminate proceedings despite clear insolvency and lack of prospects for rescue, and disregarding legal authority constituted an abuse of process. The cou…

Source excerpt

• Business Rescue
• Companies Act Section 129
• Winding Up
• Creditor Notice Requirements
• Abuse Of Process
• Interim Interdict

Zungane v Road Accident Fund (84985/17; 80916/15; 63951/21; 18482/22; 9321/22; 33973/21; 39494/2021)

Zungane v Road Accident Fund (84985/17; 80916/15; 63951/21; 18482/22; 9321/22; 33973/21; 39494/2021) [2025] ZAGPPHC 694 (1 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

84985/17; 80916/15; 63951/21; 18482/22; 9321/22; 33973/21; 39494/2021

Judge

N Davis

The court dismissed multiple RAF interlocutory applications as abusive attempts to convert trial matters into default judgments.

• Abuse Of Process
• Discovery
• Striking Out Defence
• Rule 21
• Rule 35
• Default Judgment

Ackerman v Ventures (2022/050857)

Ackerman v Ventures (2022/050857) [2025] ZAGPJHC 659 (30 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/050857

Judge

Dlamini

The High Court dismissed an application for leave to appeal after finding no reasonable prospects of success or other compelling reason to hear the matter.

• Leave To Appeal
• Prospects Of Success
• Costs Award
• Abuse Of Process
• Leave-to-appeal
• Prospects-of-success

J van Dam N.O and Others v Cannabat Manufacturers International (2883/2023)

J van Dam N.O and Others v Cannabat Manufacturers International (2883/2023) [2025] ZAFSHC 192 (27 June 2025)

Court

Free State High Court, Bloemfontein

Case number

2883/2023

Judge

Van Rhyn

Winding-up application dismissed where the debt was bona fide disputed, the statutory demand was not properly served, and the process was found abusive.

• Winding Up Of Company
• Abuse Of Process
• Bona Fide Dispute Of Debt
• Service Of Statutory Demand
• Jurisdiction Of High Court
• Winding-up-of-company