South Africa Case Law

Nxelane and Others v Chep SA (Pty) Ltd and Others (P35/2023)

Nxelane and Others v Chep SA (Pty) Ltd and Others (P35/2023) [2025] ZALCPE 12 (23 July 2025)

Court

Labour Court Port Elizabeth

Case number

P35/2023

Judge

C de Kock

The court found that the applicants' condonation application was inadequately prepared and failed to address the prospects of success regarding their dismissals for participation in an unprotected strike. The applicants' attorneys failed to review the pleadings upon inheriting the matter and only sought advice from senior counsel at the last minute. Despite the unsatisfactory conduct, the court held that refusing the postponement would severely prejudice the applicants and deny them a fair opportunity to supplement their case. The interests of justice required that the applicants be allowed t…

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• Condonation
• Postponement
• Unprotected Strike
• Attorney And Client Costs

Sabi River Share Block (Pty) Ltd t/a Sabi River Sun Resort v Gold Data Holdings (Pty) Ltd (22755/23)

Sabi River Share Block (Pty) Ltd t/a Sabi River Sun Resort v Gold Data Holdings (Pty) Ltd (22755/23) [2025] ZAWCHC 298 (21 July 2025)

Court

Western Cape High Court, Cape Town

Case number

22755/23

Judge

Njokweni

The High Court dismissed an exception and Rule 30 application attacking breach of contract pleadings, finding the objections technical, prejudicial, and an abuse of process.

• Exception Procedure
• Breach Of Contract
• Pleading Requirements
• Irregular Step
• Contractual Damages
• Attorney And Client Costs

Kwende Construction CC v Ditsobotla Local Municipality (604/2024)

Kwende Construction CC v Ditsobotla Local Municipality (604/2024) [2025] ZANWHC 119 (15 July 2025)

Court

North West High Court, Mafikeng

Case number

604/2024

Judge

Oosthuizen-Senekal

The court upheld Kwende Construction CC’s counter-application, ordering Ditsobotla Local Municipality to pay the outstanding certified debt plus interest and punitive costs.

• Emergency Procurement
• Municipal Finance Management Act
• Acknowledgment Of Debt
• Certificate Of Completion
• Attorney And Client Costs
• Interdictory Relief

Baba v Nedbank Limited (Leave to Appeal) (6535.2024)

Baba v Nedbank Limited (Leave to Appeal) (6535.2024) [2025] ZAWCHC 283 (11 July 2025)

Court

Western Cape High Court, Cape Town

Case number

6535/2024

Judge

Thulare

The High Court dismissed an application for leave to appeal in a suretyship dispute, holding that the applicant had no reasonable prospects of success.

• Suretyship Liability
• Principal Debt
• Accessory Obligation
• Attorney And Client Costs
• Suretyship
• Principal-debt

Timac Agro South Africa (Pty) Ltd v Greyling (2054/2024)

Timac Agro South Africa (Pty) Ltd v Greyling (2054/2024) [2025] ZANWHC 105 (24 June 2025)

Court

North West High Court, Mafikeng

Case number

2054/2024

Judge

T Masike

High Court judgment on a debt claim for fertilizer supplied, rejecting a bare-denial defence and awarding the amended amount, interest, and attorney-client costs.

• Goods Sold And Delivered
• Acknowledgement Of Debt
• Contractual Liability
• Interest On Debt
• Attorney And Client Costs
• Goods-sold-and-delivered

Pretorius v Firstrand Mortgage Company (RF) (Pty) Ltd (Reasons) (1127/2024)

Pretorius v Firstrand Mortgage Company (RF) (Pty) Ltd (Reasons) (1127/2024) [2025] ZAWCHC 275 (19 June 2025)

Court

Western Cape High Court, Cape Town

Case number

1127/2024

Judge

P. S. Van Zyl

The High Court refused leave to appeal against summary judgment and a Rule 46A execution order, finding no reasonable prospect of a different outcome.

• Summary Judgment
• Section 129 Notice
• Leave To Appeal
• Attorney And Client Costs
• Leave-to-appeal
• Summary-judgment

Walker and Others v Faerie Glen Waterpark (Pty) Ltd and Others (2024/041428)

Walker and Others v Faerie Glen Waterpark (Pty) Ltd and Others (2024/041428) [2025] ZAGPPHC 572 (2 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024/041428

Judge

SG Maritz

The High Court dismissed a review of an arbitral taxation directive, holding the arbitrator could clarify an omitted costs scale and award High Court scale costs.

• Arbitration Review
• Gross Irregularity
• Costs Award
• Functus Officio
• Attorney And Client Costs
• Lease Dispute

Elkana Body Corporate v City of Johannesburg and Others (2023/115700)

Elkana Body Corporate v City of Johannesburg and Others (2023/115700) [2025] ZAGPJHC 520 (30 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/115700

Judge

Windell

The court held that the exception raised by the Johannesburg Roads Agency was without merit. Rule 13(8) expressly allows a third-party notice against a party already joined in the main action, and the fact that the plaintiff's claim is joint and several does not preclude a defendant from seeking contribution from another defendant. The third-party notice complied with Rule 13(2), as the nature and grounds of the claim were clearly pleaded. The procedural complaint regarding late filing was factually incorrect, as pleadings were still open at the time of service. The exception did not raise an…

Source excerpt

• Third Party Procedure
• Exceptions
• Rule 13 Uniform Rules
• Attorney And Client Costs

Makhetha v SB Guaranteed Company (RF) (Pty) Ltd (17570/23)

Makhetha v SB Guaranteed Company (RF) (Pty) Ltd (17570/23) [2025] ZAGPPHC 523 (23 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

17570/23

Judge

SG Maritz

The High Court dismissed a rescission application after finding proper service, no bona fide defence, and no adequate explanation for the delay.

• Rescission Of Judgment
• Default Judgment
• Mortgage Bond Enforcement
• Service Of Process
• Attorney And Client Costs
• Rescission-of-judgment

Mokgalakane v Lombardy Home Owners Association NPC ta Lombardy Home Owners Association (2024/010120)

Mokgalakane v Lombardy Home Owners Association NPC ta Lombardy Home Owners Association (2024/010120) [2025] ZAGPJHC 495 (20 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/010120

Judge

LM du Plessis

The court found that the applicant failed to comply with the procedural requirements for delivery of the notice of intention to defend, as it was not uploaded to Court Online prior to the granting of default judgment. The registrar did not err in granting default judgment, as the delivery requirement was only met after judgment was granted. The application for rescission was further fatally flawed due to improper service, as it was not served by the Sheriff as required for initiating proceedings. The applicant did not present evidence of absence of wilful default or a bona fide defence, and h…

Source excerpt

• Rescission Of Judgment
• Default Judgment
• Service Of Process
• Court Online Filing
• Attorney And Client Costs