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South Africa decisions
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N.P.K. v K.A.K (2020/15202; 2024/023432) [2025] ZAGPJHC 669 (11 July 2025)
The High Court dismissed an application to reconsider a hearing date set by the Deputy Judge President, finding no factual or procedural basis to interfere.
Feltre Trust and Others v Middelvlei Tenacres Properties (Pty) Ltd and Others (2024/019326) [2025] ZAGPJHC 549 (26 May 2025)
The court found that the failure to attach the trustee resolution to the sale agreement or founding affidavit did not render the contract void, as the resolution was executed prior to the agreement and authority was not challenged until later. The agreement was validly concluded and cancelled, and the penalty clause invoked the Conventional Penalties Act, making proportionality a live issue. The referral to oral evidence on proportionality was within the court's discretion under Rule 6(5)(g) and did not violate the functus officio doctrine, as it was an interlocutory order. The respondents' c…
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Langa v Minister of Correctional Services (2025/030684) [2025] ZAGPPHC 513 (26 May 2025)
The court held that, except in exceptional circumstances, it is inappropriate to remove a lay litigant's urgent application from the roll without first ascertaining the nature of the complaint and determining its urgency. In cases involving incarcerated individuals, the court must exercise heightened scrutiny due to the vulnerability of applicants and the seriousness of claims relating to liberty or detention conditions. The absence of any response from the Minister of Correctional Services was found to be unacceptable, and the Department's failure to facilitate the applicants' attendance at…
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NAD Property Income Fund (Pty) Ltd and Another v Tivane and Others (2692/2022) [2025] ZAMPMBHC 37 (12 May 2025)
The High Court refused to uplift an interim interdict stopping a petrol filling station pending review and ordered attorney-and-client costs against the respondents.
Nedbank Limited v Ntshangase (2022/027021) [2025] ZAGPJHC 308 (19 March 2025)
The High Court postponed a summary judgment application sine die because a related condonation application was not ready for hearing, with no costs order.
ABSA Bank v Murray (EL 1130/2013) [2025] ZAECELLC 2 (4 February 2025)
The court set aside an amended plea as irregular for failing to follow Uniform Rule 28, and directed the plaintiff to regularise its pleadings first.
Road Accident Fund v Advocate Botha N.O (4933/2021) [2024] ZAWCHC 403 (29 November 2024)
The court found that the Defendant failed to bring a substantive application for repudiation of the joint minute as required by both case management directives and binding authority. The application was irregular, procedurally defective, and lacking in substantive justification. The Defendant's reliance on Rule 36 was misplaced, as the notice served was non-compliant and the patient had already undergone multiple expert assessments. The court affirmed that joint minutes between experts are binding unless repudiation is properly and timeously raised and granted on good cause shown. The Defenda…
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Association of Regional Magistrates of Southern Africa v Independent Commission for Remuneration of Public Office and Others (28644/2024) [2024] ZAGPJHC 1219 (26 November 2024)
The High Court awarded the applicant costs on prayer 2 up to 16 October 2024, finding it had achieved substantial success; the remaining costs were each party’s own.
Association of Regional Magistrates of Southern Africa v Independent Commission for Remuneration of Public Office Bearers and Others (28644/2024) [2024] ZAGPJHC 1235 (26 November 2024)
The High Court held the applicant had substantial success on costs in relation to delayed remuneration recommendations, but limited costs to 16 October 2024 because the relief later became moot.
Mphaka v Road Accident Fund (1809/2022) [2024] ZAGPPHC 1016 (14 October 2024)
The High Court postponed a default judgment application, giving the defendant and state attorney a final chance to answer a challenge to a late notice of intention to defend.
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