South Africa Case Law

L.H obo C.H v R.A obo M.A (A2024/63073)

L.H obo C.H v R.A obo M.A (A2024/63073) [2025] ZAGPJHC 17 (14 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A2024/63073

Judges

Liebenberg, Siwendu

The appeal succeeded because the magistrate failed to properly consider the admissibility of evidence, relied on hearsay, and did not allow oral evidence or participation by the children. The magistrate did not address substantial inconsistencies in the respondent’s affidavits and failed to provide written reasons for the order, prejudicing the appellant’s right to appeal. The conduct alleged did not meet the statutory definition of harassment under the Protection from Harassment Act, particularly given the age and capacity of the children involved. The best interests of the children were not…

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• Protection From Harassment Act
• Admissibility Of Evidence
• Child Best Interests
• Hearsay Evidence
• Procedural Irregularity

S v Sello (CC12/2022)

S v Sello (CC12/2022) [2023] ZAGPPHC 2058 (3 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

CC12/2022

Judge

Mlotshwa

The court found that the accused, Dieketseng Sello, pleaded guilty to the murder of her intimate partner, Moleko Isaac Molai, under circumstances involving a violent domestic altercation. The accused stabbed the deceased multiple times, resulting in his death. The court considered the aggravating factors, including the brutality of the offence, the accused's history of violent behavior, and lack of genuine remorse. Mitigating factors included the accused's guilty plea, her status as a mother of four minor children, and the deceased's provocative conduct. The court held that while the best int…

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• Murder
• Minimum Sentences Act
• Sentencing Principles
• Primary Caregiver
• Child Best Interests
• Firearms Control

T.L.D v B.G (015642/2022)

T.L.D v B.G (015642/2022) [2023] ZAGPJHC 801 (13 July 2023)

Court

South Gauteng High Court, Johannesburg

Case number

015642/2022

Judge

L R Adams

Urgent family-law ruling on parental alienation: the court granted the mother full parental responsibilities, suspended prior contact orders, and ordered therapy-led reunification.

• Parental Alienation Syndrome
• Child Best Interests
• Parental Responsibilities And Rights
• Psychological Expert Evidence
• Parental-alienation-syndrome
• Best-interests-of-the-child

NSS obo AS v MEC for Health, Eastern Cape Province (017/22)

NSS obo AS v MEC for Health, Eastern Cape Province (017/22) [2023] ZASCA 41; 2023 (6) SA 408 (SCA) (31 March 2023)

Court

Supreme Court of Appeal

Case number

017/22

Judges

Van der Merwe, Schippers, Gorven, Olsen, Mali

The Supreme Court of Appeal held that the purported admission by the respondent regarding the expert reports did not constitute a formal admission of fact under section 15 of the Civil Proceedings Evidence Act. Expert opinions are not facts and cannot be admitted as such to bind the court or preclude the presentation of contrary evidence. The court is duty-bound to assess expert evidence independently and is not bound by the opinions of experts, even if those opinions are agreed upon or admitted by a party. The High Court's order, which prevented the plaintiff from adducing evidence to challe…

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• Admissions On Record
• Expert Evidence
• Medical Negligence
• Child Best Interests

Member of the Executive Council for Health, Eastern Cape Province v Y N obo E N (056/2021)

Member of the Executive Council for Health, Eastern Cape Province v Y N obo E N (056/2021) [2023] ZASCA 32 (30 March 2023)

Court

Supreme Court of Appeal

Case number

056/2021

Judges

Schippers, Gorven, Goosen, Kathree-Setiloane, Unterhalter

The SCA dismissed an application to reinstate a lapsed appeal, finding the delay in filing the record was grossly unexplained and the record incomplete.

• Condonation
• Reinstatement Of Appeal
• Medical Negligence
• Child Best Interests
• Late Filing
• Court Rules Non Compliance

S v Moorkey (Sentence) (CC12/2023)

S v Moorkey (Sentence) (CC12/2023) [2023] ZAGPPHC 2060 (24 January 2023)

Court

North Gauteng High Court, Pretoria

Case number

CC12/2023

Judge

Mlotshwa

The High Court sentenced a first-time offender to 12 years’ imprisonment for murder, citing mitigation including remorse, alcohol use, and child-care responsibilities.

• Murder
• Minimum Sentences Act
• Primary Caregiver
• Child Best Interests
• Remorse
• Gender Based Violence

M.D and Another v Medihelp Medical Scheme and Another (2022-010668)

M.D and Another v Medihelp Medical Scheme and Another (2022-010668) [2022] ZAGPPHC 640 (26 August 2022)

Court

North Gauteng High Court, Pretoria

Case number

2022-010668

Judge

Millar

The High Court granted urgent interim relief ordering Medihelp to fund Elaprase for a child with MPS II pending a CMS complaint.

• Prescribed Minimum Benefits
• Medical Schemes Act
• Interim Relief
• Child Best Interests
• Rare Disease Treatment
• Prescribed-minimum-benefits

Firstrand Bank Limited v Mqambeli N.O and Another (17111/20)

Firstrand Bank Limited v Mqambeli N.O and Another (17111/20) [2021] ZAWCHC 266 (20 December 2021)

Court

Western Cape High Court, Cape Town

Case number

17111/20

Judge

Thulare

The court declined to grant special execution over a deceased estate property, postponing the matter for investigation into a minor heir’s interests and representation.

• Special Execution
• Child Best Interests
• Administration Of Deceased Estates
• Legal Representation For Minors
• Mortgage Bond Enforcement
• Special-execution

M v Road Accident Fund (24261/2014)

M v Road Accident Fund (24261/2014) [2016] ZAGPJHC 268 (10 October 2016)

Court

South Gauteng High Court, Johannesburg

Case number

24261/2014

Judge

Spilg

The court found that the defendant's special plea was not incompetent merely because of procedural irregularity in its introduction, as the substance of the plea was clear and no irreparable prejudice resulted. The court held that substantial compliance with section 24(2)(a) of the Road Accident Fund Act was sufficient in circumstances where systemic difficulties prevented strict compliance, provided there was no prejudice to the Fund. The Fund had not produced evidence of a timely objection to the claim, and had in fact acquiesced by admitting liability on the merits. The medical report was…

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• Road Accident Fund Act
• Special Plea
• Trial Certification
• Child Best Interests

S v Mokhati (158/2015)

S v Mokhati (158/2015) [2015] ZAFSHC 224 (18 November 2015)

Court

Free State High Court, Bloemfontein

Case number

158/2015

Judges

Jordaan, Opperman

High Court review set aside a guilty plea conviction and sentence for dagga dealing after finding serious procedural defects and a failure of justice.

• Drugs And Drug Trafficking Act
• Fair Trial Rights
• Record Of Proceedings
• Sentencing Procedure
• Legal Representation
• Child Best Interests