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South Africa decisions
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NUM obo Mbengwa v Dwarsrivier Chrome Mine (Pty) Ltd (JS171/23) [2025] ZALCJHB 342 (8 August 2025)
The Labour Court granted NUM leave to amend its statement of claim, but ordered costs against NUM because the pre-trial minute remained unresolved.
Pienaar and Another v Cowens and Another (11933/2020) [2025] ZAWCHC 334 (5 August 2025)
The High Court refused leave to amend a claim to add fraudulent misrepresentation, finding the new cause of action prescribed and prejudicial to the defendants.
Road Accident Fund v McLachlan N.O (5936/2021) [2025] ZAWCHC 328 (1 August 2025)
The defendant failed to provide a proper explanation for the withdrawal of its admission and did not address the plaintiff's objections, including the risk of injustice and prejudice to the plaintiff. The court found that the application for amendment was not made in good faith and would cause an injustice to the plaintiff that could not be remedied by a costs order. The defendant did not demonstrate entitlement to the amendment, and the application was dismissed.
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Geldenhuys and Others v Orthotouch Limited and Others (42334/2014) [2025] ZAGPJHC 743 (24 July 2025)
The High Court dismissed an amendment and rescission application challenging a 2014 scheme of arrangement, finding no erroneous grant or material non-disclosure.
Mafube Local Municipality v N and C Maintenance and Spares (4669/2017) [2025] ZAFSHC 217 (17 July 2025)
The High Court granted the defendant leave to amend its plea to raise prescription, finding the amendment bona fide and not irremediably prejudicial.
Zulu v Road Accident Fund (2023/024137) [2025] ZAGPPHC 714 (10 July 2025)
The court held that the defendant, having been barred from delivering its plea, could not automatically re-enter the litigation or plead to the amended particulars of claim without a formal application to uplift the bar. The amendment of the plaintiff's claim did not constitute the introduction of new issues nor did it entitle the defendant to plead afresh. The only route available to the defendant was to apply for upliftment of the bar or for condonation, which was not done. Allowing automatic upliftment would undermine the plaintiff's rights and the court's discretion, and infringe the audi…
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City of Ekurhuleni Metropolitan Municipality and Others v Nu-Way Housing Development Limited (050803/2022) [2025] ZAGPPHC 691 (27 June 2025)
High Court decision on a late Rule 30 application and exceptions against pleadings in a property and unlawful occupation dispute.
N.S v A.D (2022/257) [2025] ZAGPJHC 632 (20 June 2025)
The High Court dealt with a Rule 30/30A challenge, set aside an irregular notice of motion, struck out an improper paragraph, and granted leave for a supplementary affidavit.
E.L.T obo O.M.T and Others v Road Accident Fund (11403/2022) [2025] ZALMPPHC 118 (17 June 2025)
The court found that the Plaintiffs' claims were properly lodged within the prescribed period, based on documentary evidence and correspondence confirming lodgment by previous attorneys. The Defendant failed to raise prescription in its plea, and its attempt to amend the plea at trial was rejected due to lateness and lack of cogent reasons. The Fourth Plaintiff was validly added to the claim through unopposed amendment. The court held that substantial compliance with Section 24 of the Road Accident Fund Act was achieved, as the Defendant possessed sufficient medical and documentary records to…
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ABSA Bank Ltd v Cengimbo (896/2020) [2025] ZAECMHC 49 (10 June 2025)
The High Court granted ABSA leave to amend its particulars of claim and condoned a late amendment application in a mortgage debt dispute.
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