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South Africa decisions
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Beukes v Road Accident Fund (Leave to Appeal) (8066/2014) [2025] ZAGPPHC 771 (4 August 2025)
The High Court refused condonation and leave to appeal after a two-year delay, finding no satisfactory explanation, no proper authority issues cured, and no prospects of success.
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The Labour Court rescinded a default judgment after finding the applicants had not been properly served with the main application and were unaware of it.
39 Van Der Merwe Street Hillbrow CC and Another v Paragon Cullinan Financial Services Partnership and Others (2025/089172) [2025] ZAGPJHC 644 (27 June 2025)
The High Court dismissed an urgent Rule 45A application to stay a sale in execution because the applicants lacked authority to sue, with their members’ interest vested in trustees under section 21.
Pekeur obo Willemse v Commission for Conciliation, Mediation and Arbitration and Others (C554/2022) [2025] ZALCCT 29 (15 May 2025)
The Labour Court held that the review application was unauthorised and therefore a nullity, striking it from the roll and reserving costs.
Koopkrag (Pty) Ltd v Taute, Bouwer and Cilliers Inc and Others (A166/2024) [2025] ZAGPPHC 165 (14 February 2025)
The Full Court held that the sheriff failed to comply with the procedural requirements by not notifying Koopkrag, the title holder, of the date of the auction as required by Rule 42(2) of the Magistrates' Courts Rules. The motor vehicle, being subject to an instalment sale agreement, was not susceptible to attachment under the landlord's tacit hypothec in terms of section 2(1)(b) of the Security by Means of Movable Property Act. The deprivation of Koopkrag's property without proper notice constituted arbitrary deprivation under section 25 of the Constitution. The sale in execution was therefo…
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Aircraft Asset Finance Corporation (Pty) Limited v Deymine (Pty) Limited and Others (114305/2023) [2025] ZAGPJHC 125 (12 February 2025)
The court found that the respondents, by executing the deeds of suretyship, bound themselves as co-principal debtors for the first respondent's obligations under the master lease agreements. The respondents' defences were rejected as they failed to provide sufficient factual detail to establish a bona fide dispute regarding the amount claimed, and their denial was considered a bare denial. The respondents' argument that they did not intend to be bound by the deeds of surety was dismissed, as South African law holds that a person who signs a contract is bound by its terms unless fraud or misre…
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Tolhof General Dealer (Pty) Ltd v Coalition Trading 790 (Pty) Ltd (4906/2024) [2025] ZAWCHC 45 (12 February 2025)
The court upheld a Rule 7 objection, struck out new matter in reply, and held that the applicant lacked authority to litigate after its sole shareholder-director died.
Keewave Trading 373 CC and Others v Nthongoa and Others (4279/2023) [2025] ZAFSHC 19 (30 January 2025)
The court found that the property was purchased with the First Applicant's funds and was registered in the names of the First and Second Respondents only as a temporary measure pending reinstatement of the First Applicant. There was no valid resolution authorizing donation of the property to the First Respondent, and the Respondents' version of a donation was rejected as false and untenable. The First Respondent breached his fiduciary duty by failing to transfer the property back to the First Applicant upon its reinstatement and fraudulently misrepresented his entitlement to sell the property…
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Equistock Properties 8 (Pty) Ltd and Another v Oosthuizen and Others (738/2023; 739/2023) [2025] ZASCA 6 (29 January 2025)
The Supreme Court of Appeal held that the application for a final interdict was not properly authorised by Equistock Properties 8 (Pty) Ltd, as Mr Coetzee was neither a shareholder nor a director and the purported resolutions were invalid. The facts established that the long-standing arrangement entitled Laduma Biscuits (Pty) Ltd to collect rentals and manage the properties, and there was no evidence of injury to Equistock or any basis for apprehending harm. Furthermore, the pending action in the Pretoria High Court provided an alternative remedy. The punitive costs order against Mr Coetzee w…
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Theewaterskloof Local Municipality v Council of Theewaterskloof Local Municipality and Others (23535/2024) [2024] ZAWCHC 407 (2 December 2024)
The court held that the Theewaterskloof Local Municipality could not legally institute proceedings against its own council, as the council is the agency through which the municipality acts and holds no separate legal interest. Zimmerman lacked the necessary authority to bring the main application, as the council resolution only permitted litigation against other organs of state and after cooperative government steps had failed, which was not the case here. The requirements for an interim interdict were not met, as no prima facie right was established and the relief sought infringed the statut…
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