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South Africa decisions
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Mofokeng and Another v South African Municipal Workers Union and Another (C300/2022) [2025] ZALCCT 46 (7 July 2025)
The Labour Court rescinded a default judgment after finding the applicants had not been properly served with the main application and were unaware of it.
South African Reserve Bank v YWBN Mutual Bank (2025/059995) [2025] ZAGPJHC 518 (23 May 2025)
The court found that service of the urgent name change application was ineffective and unprofessional, as it was effected outside business hours on the eve of a public holiday, resulting in SARB not being properly notified. The application could have been struck off for this reason alone. Furthermore, the order of 7 May 2025 was granted on an erroneous factual premise, as SARB had already made a decision on the name change request prior to the application, and YWBN failed to disclose this fact. Additionally, YWBN did not comply with section 35 of the Banks Act, which requires specific procedu…
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National Director of Public Prosecutions v 999 Music CC (054695/2022) [2024] ZAGPPHC 81 (30 January 2024)
The High Court refused to reconsider a POCA preservation order over property linked to NLC grant funds, finding reasonable grounds to suspect unlawful proceeds.
CRRC E-Loco Supply (Pty) Ltd v Commissioner for the South African Revenue Service (37766/2021) [2023] ZAGPPHC 1985 (13 December 2023)
Leave to appeal was refused in a tax dispute over SARS third-party notices issued without a final demand under section 179(6) of the Tax Administration Act.
Amalgamated Lawyers Association and Another v Judicial Service Commission and Others (2022-036684) [2023] ZAGPJHC 1312 (15 November 2023)
The application for leave to appeal was dismissed because the applicants failed to comply with section 47(1) of the Superior Courts Act by citing a judge without obtaining the required consent, rendering the proceedings invalid. The court found that the section 47(1) point was properly raised and could be decided during interlocutory proceedings, as no procedural rule precludes a fatal point from being determined at that stage. The applicants were not denied a fair hearing, as they were present in law and had the opportunity to argue the section 47(1) issue. The attorney and client costs orde…
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Mazetti Management Services (Pty) Ltd and Another v Amabhungane Centre for Investigative Journalism NPC and Others (2023-050131) [2023] ZAGPJHC 771; 2023 (6) SA 578 (GJ) (3 July 2023)
The court found that the applicants' use of the ex parte procedure was an egregious abuse of process, given the extensive prior engagement and the absence of any credible threat that the respondents would destroy the documents. The principle of audi alterem partem was violated without justification. The applicants failed to establish a proprietary right to the digital documents sufficient to justify a rei vindicatio, and the respondents' refusal to disclose the documents was justified by the need to protect journalistic sources. The court held that prior restraint on publication is only permi…
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Young Bafana Football Club v Dr Ramatsekisa N.O and Others (2023/02228) [2023] ZAGPJHC 744 (27 June 2023)
The High Court reviewed and set aside a SAFA arbitration award made without proper notice or a valid submission to arbitration, and held the club could still play-off.
Cibane and Another v Premier of the Province of KwaZulu-Natal and Others (7655/2020P) [2023] ZAKZPHC 69 (19 June 2023)
The court found that the applicants failed to demonstrate reasonable prospects of success on appeal. The majority decision in Presidential Authority of the South African Reserve Bank v Msiza and Motau was applicable, confirming that neither PAJA nor legality review applied to the forensic report, which had no external legal effect. The audi alterem partem principle was not violated, as the applicants were not interviewed due to their own conduct. The existence of pending proceedings in the Labour Court and Bargaining Council rendered the matter lis pendens, and the criminal charges against th…
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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)
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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President of the Republic of South Africa v Zuma and Others (062027/2022) [2023] ZAGPJHC 11; 2023 (1) SACR 610 (GJ) (16 January 2023)
The court held that the applicant had established the requirements for an interim interdict: urgency, a prima facie right to personal freedom, absence of alternative effective relief, and a balance of convenience in his favour. The court found that a civil court has jurisdiction to intervene in private prosecutions where there is an abuse of process or violation of rights, and that the nolle prosequi certificates relied upon by the respondent were subject to serious legal challenge regarding their validity and applicability to the applicant. Compelling the applicant to appear before a crimina…
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