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South Africa Case Law

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Civil Procedure [2025] ZAGPPHC 786

National Director of Public Prosecutions v Mogotlane and Others (2023-028928)

National Director of Public Prosecutions v Mogotlane and Others (2023-028928) [2025] ZAGPPHC 786 (1 August 2025)

The High Court dismissed a procedural application to compel under rule 35(12) and confirmed a restraint order against specified defendants and a respondent.

  • Restraint Order
  • Rule 35 Discovery
  • Application To Compel
  • Costs Order
  • Prevention Of Organised Crime Act
  • Rule-35-discovery
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Civil Procedure [2025] ZAGPJHC 516

Ryno v Road Accident Fund (2020/19852)

Ryno v Road Accident Fund (2020/19852) [2025] ZAGPJHC 516 (27 May 2025)

Application to compel a pre-trial conference or signed pre-trial minute was dismissed after the respondent complied on the hearing day. The court ordered mediation and no-costs.

  • Pre Trial Conference
  • Application To Compel
  • Mediation Order
  • Costs Award
  • Civil-procedure
  • Rule-37
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Civil Procedure [2025] ZAGPPHC 535

M.G.K v M.J.K (2024/074608)

M.G.K v M.J.K (2024/074608) [2025] ZAGPPHC 535 (23 May 2025)

The High Court dismissed an application to compel discovery under Rule 35(14), holding the requested documents were not shown to be essential for pleading.

  • Uniform Rule 35
  • Discovery Affidavit
  • Application To Compel
  • Pleadings Closure
  • Civil-procedure
  • Discovery
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Civil Procedure [2025] ZAGPJHC 523

N.B v R.B (38752/2016)

N.B v R.B (38752/2016) [2025] ZAGPJHC 523 (29 April 2025)

The High Court compelled discovery under rule 35(7), rejecting a respondent’s attempt to withhold discovery pending an unfiled R100 000 payment claim.

  • Discovery Affidavit
  • Rule 35
  • Application To Compel
  • Striking Out Defence
  • Civil-procedure
  • Discovery
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Civil Procedure [2024] ZAGPJHC 68

Kgamanyane and Another v ABSA Bank Limited (15497/2020)

Kgamanyane and Another v ABSA Bank Limited (15497/2020) [2024] ZAGPJHC 68 (29 January 2024)

The High Court dismissed an application to compel mortgage bond statements under Rule 35(14), holding the documents were no longer needed for pleading once the defendants had pleaded.

  • Discovery Procedure
  • Rule 35 14
  • Pleading Requirements
  • Application To Compel
  • Costs Order
  • Civil-procedure
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Civil Procedure [2023] ZAGPJHC 1072

Papadakis v Old Mutual Trust (Pty) Ltd NO and Others (16369/2022)

Papadakis v Old Mutual Trust (Pty) Ltd NO and Others (16369/2022) [2023] ZAGPJHC 1072 (7 September 2023)

The High Court dismissed an interlocutory bid for discovery in motion proceedings, holding that no exceptional circumstances justified Rule 35(13) relief.

  • Discovery In Motion Proceedings
  • Rule 35 Uniform Rules
  • Exceptional Circumstances
  • Application To Compel
  • Civil-procedure
  • Discovery-in-motion-proceedings
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Civil Procedure [2023] ZAGPJHC 851

Liberty Group Limited v Clark (43012/2018)

Liberty Group Limited v Clark (43012/2018) [2023] ZAGPJHC 851 (1 August 2023)

The court dismissed an application to compel further discovery under Uniform Rule 35, finding the plaintiff had adequately responded and the discovery affidavit was conclusive.

  • Discovery Affidavit
  • Uniform Rule 35
  • Application To Compel
  • Costs Order
  • Civil-procedure
  • Discovery
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Labour Law [2023] ZALCCT 29

February v Digital Outsource Services and Others (C388/2019)

February v Digital Outsource Services and Others (C388/2019) [2023] ZALCCT 29 (21 June 2023)

The Labour Court dismissed an application to rescind an order dismissing an application to compel, finding no good cause shown.

  • Rescission Of Judgment
  • Application To Compel
  • Good Cause Requirement
  • Pre Trial Procedure
  • Rescission-of-judgment
  • Good-cause
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Civil Procedure [2023] ZAECMHC 21

Nteleko obo Nteleko v Member of the Executive Council for the Department of Health, Eastern Cape Province (2665/2017)

Nteleko obo Nteleko v Member of the Executive Council for the Department of Health, Eastern Cape Province (2665/2017) [2023] ZAECMHC 21; 2024 (1) SA 258 (ECM) (9 May 2023)

High Court judgment on discovery enforcement: the court held that a rule 30A notice should ordinarily precede an application to compel discovery under rule 35(7).

  • Discovery Affidavit
  • Uniform Rules Of Court
  • Application To Compel
  • Costs Order
  • Rule 30a Notice
  • Discovery
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Civil Procedure [2022] ZAGPPHC 498

Ranta and Others v Ranta (93454/2015)

Ranta and Others v Ranta (93454/2015) [2022] ZAGPPHC 498 (7 July 2022)

The High Court removed an application from the roll after it became opposed and ordered the respondent to pay the wasted costs caused by the removal.

  • Costs Order
  • Removal From Roll
  • Practice Directives
  • Unopposed Motion
  • Application To Compel
  • Costs-order
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.