South Africa Case Law

G.D v N.B (HCAA26/2023)

G.D v N.B (HCAA26/2023) [2024] ZALMPPHC 51; 2025 (1) SACR 179 (LP) (20 May 2024)

Court

Limpopo High Court, Polokwane

Case number

HCAA26/2023

Judges

T. Deane, M. Naude-Odendaal

The court found that the appellant's marriage to the respondent's sister established a domestic relationship by affinity under the Domestic Violence Act. The appellant's conduct—intimidation, controlling behaviour, psychological abuse, locking farm gates, denying access, and economic abuse—fell squarely within the definitions of domestic violence in the Act. The appellant's denials were not real, genuine, or bona fide and failed to create a material dispute of fact. The Magistrate correctly applied the Plascon-Evans principle, accepting the respondent's detailed allegations and supporting aff…

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• Domestic Violence Act
• Protection Order
• Domestic Relationship Definition
• Psychological Abuse
• Plaintiff Burden Of Proof
• Application To Strike Out

QCK Lezmin 4791 CC and Others v Sikhova Importers CC and Another (CA & R 65/2022)

QCK Lezmin 4791 CC and Others v Sikhova Importers CC and Another (CA & R 65/2022) [2024] ZANCHC 17 (23 February 2024)

Court

Northern Cape High Court, Kimberley

Case number

CA & R 65/2022

Judges

Phatshoane, Nxumalo, Olivier

The appeal succeeded because the respondents failed to establish unlawful deprivation of possession necessary for spoliatory relief. The evidence did not support the claim that QCK and Lore changed the locks or physically prevented access; the respondents' own affidavits introduced new facts and assumptions, undermining their case. The correspondence between the parties did not mention spoliation contemporaneously, and the delay in launching the application was inordinate. The cancellation of the Surface Use Agreement constituted the exercise of contractual rights, not spoliation. Dulostyle w…

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• Spoliation
• Mandament Van Spolie
• Joint Venture Agreement
• Surface Use Agreement
• Prospecting Rights
• Application To Strike Out

Viljoen v Louw NO and Others (56/2020)

Viljoen v Louw NO and Others (56/2020) [2023] ZAFSHC 489 (4 December 2023)

Court

Free State High Court, Bloemfontein

Case number

56/2020

Judge

P R Cronjé

The High Court held that the 2020 Will granted the widow a usufruct, but only subject to the sons’ approval, so her application was dismissed.

• Interpretation Of Wills
• Usufruct Rights
• Declaratory Relief
• Rule 41a Mediation
• Application To Strike Out
• Interpretation-of-wills

Cibane and Another v Premier of the Province of Kwazulu-Natal and Others (7655/2020P)

Cibane and Another v Premier of the Province of Kwazulu-Natal and Others (7655/2020P) [2023] ZAKZPHC 27; (2023) 44 ILJ 1114 (KZP) (10 March 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

7655/2020P

Judge

P C Bezuidenhout

The court found that the applicants' suspension was precautionary and did not require prior opportunity for representations. The disciplinary proceedings and criminal charges against the applicants are pending in other forums, and the relief sought in this application is substantially the same as that sought in those proceedings, thus lis pendens applies. The forensic report compiled by Fourth Respondent was not administrative action and is not reviewable under PAJA; it was a contractual investigation for the department. Applicants will have full opportunity to challenge the findings in the d…

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• Precautionary Suspension
• Audi Alterem Partem
• Disciplinary Proceedings
• Forensic Investigation
• Lis Pendens
• Application To Strike Out

SIU v Legodi and Others (Application to strike out Schmahl and Another v SIU) (LP/01/2020)

SIU v Legodi and Others (Application to strike out Schmahl and Another v SIU) (LP/01/2020) [2022] ZAST 9 (28 April 2022)

Court

Special Tribunal

Case number

LP/01/2020

Judge

L T Modiba

The Tribunal held that withdrawal of particulars of claim did not withdraw the whole action, but the SIU had to comply with the prior amendment order.

• Withdrawal Of Action
• Amendment Of Pleadings
• Service Of Process
• Application To Strike Out
• Costs Award
• Withdrawal-of-action

Koko v Tanton (2021/2212)

Koko v Tanton (2021/2212) [2021] ZAGPJHC 811 (14 December 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2021/2212

Judge

A. De Wet

Leave to appeal was dismissed with costs after the court found no reasonable prospects of success and no compelling reason to appeal.

• Leave To Appeal
• Costs Award
• Application To Strike Out
• Abuse Of Process
• Leave-to-appeal
• Costs-order

Mfazwe v A N Gadi Property Investments (Pty) Ltd and Others (EL 604/2020)

Mfazwe v A N Gadi Property Investments (Pty) Ltd and Others (EL 604/2020) [2021] ZAECELLC 2 (23 February 2021)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 604/2020

Judge

M Notyesi

The court dismissed an application for a Companies Act enquiry, found it an abuse of process, and struck scandalous parts of the replying affidavit.

• Companies Act Sections 417 And 418
• Locus Standi
• Abuse Of Process
• Liquidation Proceedings
• Application To Strike Out
• Companies-act-sections-417-and-418

Firstrand Bank Limited Trading t/a First National Bank v Gootspa Investments (Pty) Ltd and Others (30727/2015)

Firstrand Bank Limited Trading t/a First National Bank v Gootspa Investments (Pty) Ltd and Others (30727/2015) [2018] ZAGPJHC 597 (24 August 2018)

Court

South Gauteng High Court, Johannesburg

Case number

30727/2015

Judge

Bester

The court found that the applicant's founding papers, including the notice of motion and founding affidavit, clearly set out claims against the tenth respondent for all seven debts as surety. The respondent's reliance on a single paragraph in isolation was rejected as opportunistic. The applicant's provision of certificates of balance calculated at the lower interest rate claimed by the respondent did not constitute new matter but was a permissible limitation of the quantum claimed. The respondent's application to strike out the certificates was dismissed. The respondent failed to provide any…

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• Suretyship Liability
• Certificate Of Balance
• Interest Rate Dispute
• Application To Strike Out
• Costs On Attorney And Own Client Scale

PSA obo Jhupsee v Ngako NO and Others (JR1956/15)

PSA obo Jhupsee v Ngako NO and Others (JR1956/15) [2017] ZALCJHB 437 (24 November 2017)

Court

Labour Court Johannesburg

Case number

JR1956/15

Judge

Mabaso

Labour Court review of a contempt ruling was struck off the roll for non-joinder of the official concerned and lack of exceptional circumstances.

• Contempt Of Bargaining Council
• Non Joinder
• Application To Strike Out
• Exceptional Circumstances Review
• Section 158 Lra
• Section 142 Lra

Dukada v MEC for Department of Provincial Planning and Treasury Province - Eastern Cape and Others (P 27/13)

Dukada v MEC for Department of Provincial Planning and Treasury Province - Eastern Cape and Others (P 27/13) [2013] ZALCPE 14; [2013] 10 BLLR 994 (LC); (2013) 34 ILJ 3220 (LC) (28 March 2013)

Court

Labour Court Port Elizabeth

Case number

P 27/13

Judge

Lallie

The Labour Court set aside a ruling allowing legal representation at a disciplinary hearing, and granted a strike-out application against irrelevant affidavit matter.

• Legal Representation In Disciplinary Enquiry
• Review Of Administrative Decision
• Application To Strike Out
• Procedural Fairness
• Legal-representation-in-disciplinary-enquiry
• Review-of-administrative-decision