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South Africa decisions
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Mthethwa v S (AR361/2022) [2025] ZAKZPHC 41 (2 May 2025)
The High Court found the appeal record incomplete and ordered transcription or reconstruction of missing proceedings before the appeal could continue.
T.W.R v Q.E.T (A164/2024) [2024] ZAGPPHC 1319 (10 December 2024)
High Court appeal in a domestic violence matter upheld after the magistrates court relied on a struck-out, non-commissioned replying affidavit.
Molokwe v Road Accident Fund (2023/7522) [2024] ZAGPJHC 582 (19 June 2024)
The High Court dismissed a default judgment application against the Road Accident Fund after finding the plaintiff’s accident version and statutory compliance were unreliable.
Sanlam Life Insurance Limited v Africhick Trading (Pty) Ltd t/a Africaz and Others (D946/2023) [2024] ZAKZDHC 12 (18 April 2024)
Summary judgment was refused because the supporting affidavit was contradictory and did not show that the deponent could swear positively to the facts.
Barnard N.O and Another v Dikopane Project Management CC (M 112/2023; M 113/2023) [2024] ZANWHC 87 (25 March 2024)
The court found that the applicants failed to comply with the peremptory requirements of section 346(4A) of the Companies Act 61 of 1973. The affidavit filed by the applicants was not deposed to by the person who physically effected service on the employees, trade unions, or SARS, but rather by a candidate attorney relying on returns of service. Prevailing authority requires that the person who actually furnished the application must depose to the affidavit, and failure to do so is fatal to applications for final winding-up. The court distinguished between provisional and final winding-up ord…
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Lot 38 Bizana Properties CC v Tiador 119 CC (in liquidation) and Others (2278/2022) [2024] ZAECMKHC 3 (10 January 2024)
The court found that the second respondent's affidavit did not comply with rule 35(3) because it failed to disclose whether the whereabouts of the requested documents were known, as required by the rule. The second respondent's assertion that the documents could not be located did not satisfy the obligation to state their whereabouts if known. Furthermore, correspondence indicated that the second respondent may have known the location of some documents but did not disclose this in its reply. The claim of privilege under the Protection of Personal Information Act was not properly substantiated…
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Hennie Ehlers Boerdery CC v APL Cartons (Pty) Ltd (359/2022) [2023] ZAECQBHC 43; 2024 (1) SA 149 (ECGq) (8 August 2023)
The High Court held that rule 30 cannot be used to challenge the substance of a summary judgment affidavit under rule 32(2)(b).
Madhlopa and Thenga Incorporated v Rustenburg Local Municipality (1686/2021) [2023] ZANWHC 123 (20 July 2023)
The High Court dismissed a summary judgment application for non-compliance with Uniform Rule 32, including late filing without condonation and an inadequate supporting affidavit.
Phumelela Local Municipality v Telkom SA SOC Limited (5327/2022) [2023] ZAFSHC 204 (31 May 2023)
The court struck out a summary judgment application because the supporting affidavit did not validly comply with oath or affirmation requirements.
Mbethe v Road Accident Fund (856/2020) [2023] ZAMPMBHC 5 (26 January 2023)
The court found that the affidavits submitted in support of the settlement agreements were inadequate, as they were based on templates with only variable details inserted and failed to provide substantive information required by section 4(1) and 4(2) of the Contingency Fees Act. The affidavits did not disclose the estimated amount or relief obtainable at trial, the prospects of success or failure, or a comparison of fees between settlement and trial. Without this information, the court could not properly exercise its oversight function or determine whether the settlements were in the plaintif…
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