South Africa Case Law

Khali v Uphongolo Local Municipality and Others (2025/058478)

Khali v Uphongolo Local Municipality and Others (2025/058478) [2025] ZALCD 20 (10 June 2025)

Court

Labour Court Durban

Case number

2025/058478

Judge

Allen-Yaman

The court found that the respondents' attorneys were duly authorised to represent the municipality, as the council had ratified the Acting Municipal Manager's actions ex post facto, which is permissible in law. The transcript of the council meeting was rejected as inadmissible due to lack of authenticity and reliability, as the applicant failed to establish its provenance and accuracy, particularly regarding translation from isiZulu to English. The court held that the municipality's Standing Rules and Orders do not require every decision to be taken by vote unless there is disagreement. There…

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• Municipal Manager Suspension
• Disciplinary Regulations For Senior Managers
• Authority To Represent Municipality
• Admissibility Of Electronic Evidence
• Motion Proceedings
• Costs In Labour Disputes

Recycling and Economic Development Initiative of South Africa NPC v Siweya (5126/2021)

Recycling and Economic Development Initiative of South Africa NPC v Siweya (5126/2021) [2023] ZAGPJHC 1496 (24 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

5126/2021

Judge

Crutchfield

High Court ordered return of an Isuzu vehicle, holding WhatsApp messages proved a valid delivery agreement and rejecting the respondent’s denial as not bona fide.

• Rei Vindicatio
• Admissibility Of Electronic Evidence
• Specific Performance
• Damages Quantification
• Rei-vindicatio
• Whatsapp-evidence

S v Booi and Others (CC6/2016)

S v Booi and Others (CC6/2016) [2016] ZAECPEHC 61 (22 September 2016)

Court

Eastern Cape High Court, Port Elizabeth

Case number

CC6/2016

Judge

Chetty

The court found that the State's case, though based on circumstantial evidence and electronic data, was cogent and reliable. The cell phone records, corroborated by admissions and witness testimony, established communication and coordination between the accused, particularly on the day of the murder. The evidence proved that accused no. 2, while incarcerated, orchestrated the murder through telephonic contact with his co-accused and his girlfriend, Mange. The movements of accused no. 3 and 4, as shown by cell tower data, placed them at the scene at the relevant time. The court rejected the ac…

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• Murder
• Conspiracy To Commit Murder
• Robbery With Aggravating Circumstances
• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition
• Admissibility Of Electronic Evidence

Standard Bank of South Africa Limited v Sindile Project Enterprise CC and Others (32975/2014)

Standard Bank of South Africa Limited v Sindile Project Enterprise CC and Others (32975/2014) [2016] ZAGPPHC 337 (29 April 2016)

Court

North Gauteng High Court, Pretoria

Case number

32975/2014

Judge

Manamela

The High Court dismissed Standard Bank’s claim for an overdraft debt and related suretyship, finding the bank failed to prove the oral agreement and indebtedness.

• Overdraft Facility
• Oral Agreement
• Suretyship
• Admissibility Of Electronic Evidence
• Burden Of Proof
• Oral-agreement

S v Brown (CC 54/2014)

S v Brown (CC 54/2014) [2015] ZAWCHC 128 (17 August 2015)

Court

Western Cape High Court, Cape Town

Case number

CC 54/2014

Judge

Bozalek

The court found that the images downloaded from the mobile phone were admissible as evidence. The evidence established that the phone was found at the crime scene and handed to the police within a short period, with no credible suggestion or evidence of tampering. The downloading process was reliable, and the software used precluded manipulation. The images were transmitted to the phone two days before the shooting, making it improbable that they were placed on the phone during the four-hour window before police possession. The requirements of original form and authenticity under the Electron…

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• Admissibility Of Electronic Evidence
• Chain Of Custody
• Right To Privacy
• Search And Seizure
• Fair Trial Rights

Delta Finance, a division of Wesbank, a division Firstrand Bank Ltd v Opperman (6744/2011)

Delta Finance, a division of Wesbank, a division Firstrand Bank Ltd v Opperman (6744/2011) [2011] ZAWCHC 554 (9 December 2011)

Court

Western Cape High Court, Cape Town

Case number

6744/2011

Judge

Moses, AJ

The court refused summary judgment where the contract was disputed, rectification was sought, and the plaintiff relied on a scanned copy rather than the original.

• Summary Judgment
• Rectification Of Contract
• Contract Of Cession
• Admissibility Of Electronic Evidence
• Rule 18 Compliance
• Summary-judgment

La Consortium & Vending CC t/a LA Enterprises v MTN Service Provider (Pty) Ltd In re: MTN Service Provider (Pty) Ltd v La Consortium & Vending CC t/a La Enterprises and Others (2011 (4) SA 577 (GSJ))

La Consortium & Vending CC t/a LA Enterprises v MTN Service Provider (Pty) Ltd In re: MTN Service Provider (Pty) Ltd v La Consortium & Vending CC t/a La Enterprises and Others (2011 (4) SA 577 (GSJ)) [2009] ZAGPJHC 63; 2004/20602, A5014/08 (17 August 2009)

Court

South Gauteng High Court, Johannesburg

Case number

2004/20602, A5014/08

Judges

Malan, Van Oosten, Mokgoatlheng

High Court appeal over unpaid goods and airtime. The court upheld admission of computer records and found delivery proved, dismissing the appeal with costs.

• Admissibility Of Electronic Evidence
• Hearsay Rule
• Electronic Communications And Transactions Act
• Contractual Liability
• Proof Of Delivery
• Electronic-evidence