South Africa Case Law

Carnaby Way Investments (Pty) Ltd v Koch and Others (532/2024)

Carnaby Way Investments (Pty) Ltd v Koch and Others (532/2024) [2025] ZAMPMBHC 73 (11 August 2025)

Court

Mbombela High Court, Mpumalanga

Case number

532/2024

Judge

Msibi AJ

The court found that the applicant failed to discharge the criminal evidential burden of proof that the first respondent was aware of the court order. Although the first respondent was present during the proceedings, there was no evidence that the order was served on her or brought to her attention prior to the present application. Without proof of knowledge, the requirements for contempt, specifically wilfulness and mala fides, could not be established beyond reasonable doubt. The application for contempt was therefore dismissed.

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• Contempt Of Court
• Service Of Court Orders
• Wilful Disobedience
• Burden Of Proof

Ngaka v S (Appeal) (CA13/2019)

Ngaka v S (Appeal) (CA13/2019) [2025] ZANWHC 137 (7 August 2025)

Court

North West High Court, Mafikeng

Case number

CA13/2019

Judges

R D Hendricks, M Morgan

The trial court failed to conduct a comprehensive and effective enquiry under Section 164 of the Criminal Procedure Act to establish whether the complainant understood the distinction between truth and a lie and the implications of lying. The superficial questioning and lack of proper admonishment rendered the complainant's evidence inadmissible. Without this evidence, the remaining evidence presented by the State was insufficient to prove the appellant's guilt beyond reasonable doubt. The failure to comply with the statutory requirements constituted a fatal misdirection, necessitating the se…

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• Admissibility Of Evidence
• Child Witnesses
• Section 164 Criminal Procedure Act
• Burden Of Proof
• Fair Trial Rights

Mlonyeni v Eskom Holdings SOC Limited (2323/23)

Mlonyeni v Eskom Holdings SOC Limited (2323/23) [2025] ZAECMHC 70 (31 July 2025)

Court

Eastern Cape High Court, Mthatha

Case number

2323/23

Judge

Cengani-Mbakaza

The High Court dismissed a negligence claim against Eskom after finding the plaintiff failed to prove the fire was caused by the meter box or any breach of duty.

• Negligence
• Electrical Infrastructure Liability
• Burden Of Proof
• Mutually Destructive Versions
• Burden-of-proof
• Electrical-infrastructure-liability

Shayimbvu v Road Accident Fund (Leave to Appeal) (039384/22)

Shayimbvu v Road Accident Fund (Leave to Appeal) (039384/22) [2025] ZAGPPHC 784 (30 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

039384/22

Judge

GN Moshoana

The High Court dismissed a road accident claim for loss of earning capacity, finding the plaintiff failed to prove serious injury or diminished earning capacity.

• Loss Of Earning Capacity
• Burden Of Proof
• Expert Evidence
• Road Accident Claims
• Loss-of-earning-capacity
• Burden-of-proof

Simon v S (Appeal) (A06/2024)

Simon v S (Appeal) (A06/2024) [2025] ZALMPPHC 142 (30 July 2025)

Court

Limpopo High Court, Polokwane

Case number

A06/2024

Judges

Kganyago, Diamond

High Court appeal dismissed in a murder conviction. The court held that the appellant’s private-defence version was not reasonably possibly true.

• Murder
• Private Defence
• Criminal Procedure Act
• Majority Decision
• Burden Of Proof
• Private-defence

S v Mositoane (17/2025)

S v Mositoane (17/2025) [2025] ZAFSHC 235 (25 July 2025)

Court

Free State High Court, Bloemfontein

Case number

17/2025

Judge

Ntshulana AJ

The court found that the State witnesses, Sophie and Tshepo Sebusi, provided credible and consistent evidence that the accused intentionally drove his motor vehicle into both the deceased and the complainant multiple times. The medical and forensic evidence corroborated the eyewitness accounts, showing multiple injuries consistent with repeated impacts. The accused's version was found to be farfetched, inconsistent, and manufactured as an afterthought. The court concluded that the accused acted with direct intent to kill, and that the killing was premeditated, as evidenced by his conduct befo…

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• Murder
• Attempted Murder
• Premeditation
• Criminal Intent
• Burden Of Proof
• Criminal Law Amendment Act

Drakenstein Local Municipality v Matjan and Others (C70/2024)

Drakenstein Local Municipality v Matjan and Others (C70/2024) [2025] ZALCCT 55 (22 July 2025)

Court

Labour Court Cape Town

Case number

C70/2024

Judge

Pieter Venter

Labour Court review of a constructive dismissal award: the employee did not exhaust remedies, and the award was set aside.

• Constructive Dismissal
• Burden Of Proof
• Intolerable Work Conditions
• Failure To Exhaust Grievance Procedures
• Jurisdiction Of Bargaining Council
• Constructive-dismissal

Shayimbvu v Road Accident Fund (039384/22)

Shayimbvu v Road Accident Fund (039384/22) [2025] ZAGPPHC 701 (30 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

039384/22

Judge

GN Moshoana

The High Court dismissed a Road Accident Fund claim for loss of earning capacity, finding the plaintiff failed to prove a serious, work-limiting injury.

• Loss Of Earning Capacity
• Burden Of Proof
• Expert Evidence
• Road Accident Fund Claims
• Loss-of-earning-capacity
• Burden-of-proof

Likanga v Minister of Police (2022/17032)

Likanga v Minister of Police (2022/17032) [2025] ZAGPJHC 652 (30 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/17032

Judge

Dippenaar

The court found that the plaintiff's version of events was improbable and not supported by evidence. The arresting officer was a peace officer, the offence occurred in his presence, and the arrest was justified under s 40(1)(a) of the Criminal Procedure Act. The officer exercised discretion rationally and in good faith, only arresting the plaintiff after repeated interference and warnings. The plaintiff was informed of his rights, including bail, and his detention was lawful pending necessary verifications. There was no unreasonable delay or failure to consider bail, as the plaintiff did not…

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• Unlawful Arrest
• Unlawful Detention
• Police Discretion
• Bail Rights
• Damages Quantification
• Burden Of Proof

Minister of Water and Sanitation and Another v Water Tribunal and Others (109636/2023)

Minister of Water and Sanitation and Another v Water Tribunal and Others (109636/2023) [2025] ZAGPPHC 624 (23 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

109636/2023

Judge

Rust, AJ

The High Court dismissed a review of a Water Tribunal decision, holding the application was instituted more than 180 days late under PAJA and could not proceed.

• Judicial Review Delay
• National Water Act
• Burden Of Proof
• Water Use Authorisation
• Administrative Appeal
• Costs Punitive