South Africa Case Law

Maru Spaces Consortium v Gauteng Provincial Government Department of Infrastructure Development (2023/1880)

Maru Spaces Consortium v Gauteng Provincial Government Department of Infrastructure Development (2023/1880) [2025] ZAGPJHC 192 (26 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/1880

Judge

Barnes

The Respondent failed to comply with the pre-conditions for arbitration as stipulated in the Service Level Agreement, and thus its special plea of arbitration was correctly dismissed. The supplementary affidavit of the Applicant was considered by both parties as admitted, and no objection was raised; the court's oversight in not formally admitting it is corrected by amending the order. There were no real factual disputes requiring the application of the Plascon-Evans rule, as the Respondent's defence did not rise to a legally cognisable level. Reliance on the KwaZulu-Natal Joint Liaison Commi…

Source excerpt

• Arbitration Clauses
• Service Level Agreement
• Leave To Appeal
• Admission Of Affidavits
• Plascon Evans Rule

Media 24 (Pty) Ltd and Another v Maluleke (HCA 05/2024)

Media 24 (Pty) Ltd and Another v Maluleke (HCA 05/2024) [2025] ZALMPTHC 1 (3 February 2025)

Court

Limpopo High Court, Thohoyandou

Case number

HCA 05/2024

Judges

TV Ratshibvumo, A Van Wyk, S Mathabathe

The appeal succeeded because the court a quo erred in finding that reporting the respondent as struck off the roll was false and defamatory. The order striking the respondent off the roll existed and was not a nullity; only its operation was suspended pending appeal. The publication was a fair and accurate report of court proceedings, protected by qualified privilege, and no malice was alleged or proved. The refusal to admit the supplementary answering affidavit was a misdirection, as the evidence was material and its exclusion resulted in substantial injustice. The respondent's claim for a d…

Source excerpt

• Defamation
• Qualified Privilege
• Fair And Accurate Reporting
• Superior Court Act Section 18
• Motion Proceedings
• Admission Of Affidavits

L.B.T obo Minors v Road Accident Fund (5896/2023)

L.B.T obo Minors v Road Accident Fund (5896/2023) [2025] ZAFSHC 17 (22 January 2025)

Court

Free State High Court, Bloemfontein

Case number

5896/2023

Judge

Mpama

The High Court held that the deceased was a passenger in the insured vehicle, not the driver, and confirmed the Road Accident Fund’s liability.

• Loss Of Support
• Road Accident Fund Liability
• Burden Of Proof
• Admission Of Affidavits
• Loss-of-support
• Road-accident-fund-liability

Dipela v Limpopo Economic Development Agency (J1125/21)

Dipela v Limpopo Economic Development Agency (J1125/21) [2024] ZALCJHB 208 (21 May 2024)

Court

Labour Court Johannesburg

Case number

J1125/21

Judge

R Daniels

The Labour Court does not have direct jurisdiction over unfair labour practices except as a court of review; such disputes must be referred to the CCMA or a Bargaining Council for conciliation and arbitration. The applicant failed to engage with the relevant statutory provisions and did not provide compelling grounds for leave to appeal. The supplementary affidavit introducing a new cause of action was properly excluded due to lack of explanation, and the respondent's affidavit was a condonation application, not a substantive pleading. Factual disputes in motion proceedings must be resolved a…

Source excerpt

• Unfair Labour Practice
• Jurisdiction Of Labour Court
• Admission Of Affidavits
• Motion Proceedings
• Costs Award

Bloem Water (Pty) Ltd v South African Municipal Workers Union (SAMWU) and Others (JR639/2012)

Bloem Water (Pty) Ltd v South African Municipal Workers Union (SAMWU) and Others (JR639/2012) [2015] ZALCJHB 396 (6 November 2015)

Court

Labour Court Johannesburg

Case number

JR639/2012

Judge

Cook AJ

Labour Court review set aside an arbitration award after finding the commissioner unfairly refused the employer a chance to call witnesses and seek postponement.

• Unfair Dismissal
• Arbitration Review
• Procedural Fairness
• Admission Of Affidavits
• Labour-law
• Arbitration-review

Benson v Benson (1549/2012)

Benson v Benson (1549/2012) [2013] ZANWHC 7 (21 January 2013)

Court

North West High Court, Mafikeng

Case number

1549/2012

Judge

A A Landman

The High Court refused to vary a Rule 43 maintenance order after finding the applicant’s explanation implausible and prima facie fraudulent. Costs were awarded against him.

• Rule 43 Variation
• Maintenance Order
• Admission Of Affidavits
• Fraudulent Conduct
• Rule-43-variation
• Maintenance-order

Steenkamp v Stuurman and Another (A77/2009)

Steenkamp v Stuurman and Another (A77/2009) [2009] ZAFSHC 137 (27 November 2009)

Court

Free State High Court, Bloemfontein

Case number

A77/2009

Judges

B C Mocumie, S Ebrahim

The court held that the respondents, as registered owners of the property, were entitled to evict the appellant, who was in unlawful occupation. The appellant failed to discharge the onus under PIE to show relevant circumstances justifying her continued occupation. Her application to admit a replication affidavit was properly dismissed, as it was not substantively motivated and the facts should have been set out in her original affidavit. The magistrate correctly applied the law and could not entertain challenges to the validity of the title deed in the eviction proceedings; such challenges m…

Source excerpt

• Eviction
• Unlawful Occupation
• Pre Emptive Rights
• Title Deed Challenge
• Admission Of Affidavits