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South Africa decisions
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Mamakoko v Mnisi and Others (A67/2024) [2025] ZAMPMHC 12 (11 March 2025)
High Court appeal against an eviction order was upheld, with condonation granted and the request to admit new evidence dismissed.
Caterpillar Financial Services South Africa Proprietary Limited v Amlo Trading Close Corporation (Leave to Appeal) (2696/2023) [2024] ZAECMKHC 82 (30 July 2024)
Leave to appeal was refused after the court found no reasonable prospects of success and rejected reliance on new post-hearing documents.
Monareng v Dr JS Moroka Municipality (JA46/22) [2024] ZALAC 35; [2024] 10 BLLR 1029 (LAC); (2024) 45 ILJ 2689 (LAC) (3 July 2024)
The Labour Appeal Court found that the Municipality failed to provide a valid council resolution and power of attorney authorising opposition to the appeal and the application for further evidence, as required by Rule 6(2) of the Labour Appeal Court Rules. Consequently, the matter proceeded unopposed. The Court admitted further evidence showing that the section 139(1)(b) intervention ended on 31 March 2021, which meant Mr Mhlanga no longer had authority as Administrator when he refused to consent to the withdrawal of Mr Monareng's resignation. The refusal was therefore ultra vires and void. T…
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Rustenburg Local Municipality v Layer3 Telecom (Pty) Ltd (CIV APP FB 19/2022) [2024] ZANWHC 102 (15 April 2024)
The High Court dismissed Rustenburg Local Municipality’s appeal in a PAIA dispute over tender records, and allowed the respondent to adduce further evidence.
Blakey Investments (Pty) Ltd v Reckitt Benckiser South Africa (Pty) Ltd and Another (31783/2014) [2023] ZAGPJHC 1128 (3 October 2023)
The High Court dismissed leave to appeal against a Rule 45A judgment, finding no reasonable prospects of success or compelling reason to hear the appeal.
Krugel Heinsen Incorporated v Thompson and Another (41/2022) [2023] ZASCA 38 (31 March 2023)
The Supreme Court of Appeal admitted post-judgment evidence showing Couples suffered no damages, upheld the appeal, and set aside the full court order.
Koch N O and Another v Ad hoc Central Authority for the Republic of South Africa and Another (188/2021) [2022] ZASCA 60; [2022] 3 All SA 17 (SCA); 2022 (6) SA 323 (SCA) (26 April 2022)
The Supreme Court of Appeal held that the child’s continued retention in South Africa was wrongful, but the article 13(b) grave-risk defence succeeded and return to the UK was refused.
Manyaka v S (434/2020) [2022] ZASCA 21; 2022 (1) SACR 447 (SCA) (23 February 2022)
The majority held that the applicant was not responsible for the delay in serving his sentence, as he complied with the directive to present himself to the correctional centre and remained available. The State failed to explain the extraordinary delay. The High Court increased the applicant's sentence without notice, constituting a material misdirection. Given the exceptional circumstances, including the applicant's crime-free conduct over 15 years, his personal rehabilitation, and the interests of justice, correctional supervision was deemed the most appropriate sentence. However, as no prob…
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Wesbank, A division of First Rand Bank Limited v Musisi and Others; Wesbank, First Rand Bank Limited t/a Wesbank t/a Bikefin and another v Musisi and Another (A335/18; 40193/2017; 58350/2017) [2020] ZAGPPHC 749 (10 December 2020)
The High Court upheld Wesbank’s appeal, dismissed the spoliation claim, granted cancellation of the instalment sale agreements, and refused further evidence.
P E obo L E v Member of the Executive Council for Health of the Gauteng Province (37431/2013) [2020] ZAGPJHC 276 (9 October 2020)
The court allowed the plaintiff to reopen her case to lead further radiology expert evidence and file the required expert notice and summary.
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