South Africa Case Law

Valhalla Fishing Enterprises (Pty) Ltd v Bluefin Holdings (Pty) Ltd and Another (2025/069955)

Valhalla Fishing Enterprises (Pty) Ltd v Bluefin Holdings (Pty) Ltd and Another (2025/069955) [2025] ZAWCHC 295 (16 July 2025)

Court

Western Cape High Court, Cape Town

Case number

2025/069955

Judge

S C O'Brien

Urgent application struck from the roll for lack of urgency and failure to comply with arbitration clauses; the respondent’s affidavit remained valid despite a commissioning defect.

• Shareholders Agreement
• Urgent Application
• Arbitration Clause
• Substantial Compliance
• Commissioning Of Affidavits
• Urgent-application

Khumalo v Road Accident Fund (030819/2024)

Khumalo v Road Accident Fund (030819/2024) [2025] ZAGPJHC 556 (9 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

030819/2024

Judge

Weideman

The High Court dismissed a default judgment application after finding the plaintiff’s RAF section 19(f) affidavit was defective and expert affidavits were improperly commissioned.

• Road Accident Fund Act
• Section 19f Affidavit
• Default Judgment
• Commissioning Of Affidavits
• Road-accident-fund
• Default-judgment

Williams v Legal Practice Council, Gauteng and Anothers (2023/084448; 2023/097051; 2023/097091)

Williams v Legal Practice Council, Gauteng and Anothers (2023/084448; 2023/097051; 2023/097091) [2025] ZAGPJHC 449 (30 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/084448; 2023/097051; 2023/097091

Judge

DE OLIVEIRA

The court found that the applicant's affidavits in all three cases were not properly commissioned, failing to comply with Regulation 4, and that there was no substantial compliance to warrant condonation. In the first case, even if the procedural defect were overlooked, the applicant's substantive complaints had already resulted in a disciplinary hearing recommendation against Adv. Wass, rendering the review application unnecessary. In the second and third cases, the delay in instituting review proceedings was inordinate and unexplained, and no satisfactory explanation was provided to justify…

Source excerpt

• Legal Practice Act Review
• Disciplinary Proceedings
• Delay In Review
• Commissioning Of Affidavits
• Prima Facie Evidence
• Costs In Review

Dogiso v Minister of Home Affairs and Others (11106/2024 ; 15223/2024 ; 15224/2024 ; D15226/2024 ; D15311/2024 ; D15485/2024 ; D15526/2024)

Dogiso v Minister of Home Affairs and Others (11106/2024 ; 15223/2024 ; 15224/2024 ; D15226/2024 ; D15311/2024 ; D15485/2024 ; D15526/2024) [2025] ZAKZDHC 25 (30 April 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

11106/2024

Judge

P Wallis

High Court judgment on multiple refugee matters criticising template affidavits, defective commissioning, and vague review papers, while making limited procedural orders.

• Refugees Act
• Commissioning Of Affidavits
• Promotion Of Administrative Justice Act
• Access To Court
• Interdictory Relief
• Review Of Administrative Action

Mvala v S (CAB 3/2025)

Mvala v S (CAB 3/2025) [2025] ZANWHC 70; 2025 (1) SACR 631 (NWM) (9 April 2025)

Court

North West High Court, Mafikeng

Case number

CAB 3/2025

Judge

Reddy

High Court bail appeal set aside a magistrate’s refusal of bail after finding the proceedings were vitiated by a procedural irregularity in the affidavit.

• Bail Application
• Commissioning Of Affidavits
• Gross Irregularity
• Procedural Fairness
• Bail-application
• Commisioning-of-affidavits

Ludi v Meyer and Others (Reasons) (5356/2023)

Ludi v Meyer and Others (Reasons) (5356/2023) [2025] ZAMPMBHC 13 (24 January 2025)

Court

Mbombela High Court, Mpumalanga

Case number

5356/2023

Judge

Mangena

The court found that the founding affidavit was properly commissioned, as the commissioner was not an attorney and acted only in the course of her employment, in line with statutory regulations and case law. The applicant retained locus standi to institute eviction proceedings, as the cession to the bank only affected the right to claim rentals, not the right to evict unlawful occupiers. The respondents were not occupiers under ESTA, as they were residential tenants and the property was rated as residential, making PIE the applicable legislation. The respondents failed to establish a valid de…

Source excerpt

• Eviction Proceedings
• Commissioning Of Affidavits
• Locus Standi
• Pie Act
• Esta Act

Ndabeni and Others v HOD Itumeleng Mogorosi and Others (Reasons) (5979/2024)

Ndabeni and Others v HOD Itumeleng Mogorosi and Others (Reasons) (5979/2024) [2024] ZANWHC 295 (4 December 2024)

Court

North West High Court, Mafikeng

Case number

5979/2024

Judge

T Masike

Urgent application dismissed for lack of locus standi, a defective founding affidavit, and failure to make out a cause of action for the interdict sought.

• Locus Standi
• Founding Affidavit Requirements
• Commissioning Of Affidavits
• Representation Of Artificial Persons
• Locus-standi
• Founding-affidavit

Ndabeni and Others v Mokotedi and Others (Reasons) (5987/2024)

Ndabeni and Others v Mokotedi and Others (Reasons) (5987/2024) [2024] ZANWHC 294 (4 December 2024)

Court

North West High Court, Mafikeng

Case number

5987/2024

Judge

T Masike

The High Court dismissed an urgent interdict application for lack of proper authorization, a defective founding affidavit, and failure to establish locus standi.

• Urgent Interdict
• Locus Standi
• Founding Affidavit Requirements
• Commissioning Of Affidavits
• Urgent-interdict
• Locus-standi

Ndabeni and Others v Premier Kagiso Mokgosi and Others (Reasons) (6058/2024)

Ndabeni and Others v Premier Kagiso Mokgosi and Others (Reasons) (6058/2024) [2024] ZANWHC 292 (3 December 2024)

Court

North West High Court, Mafikeng

Case number

6058/2024

Judge

T Masike

Urgent application dismissed for lack of locus standi, defective affidavits, and no proper basis for the interdict sought. Costs were awarded against the first applicant.

• Locus Standi
• Urgent Interdict
• Founding Affidavit Requirements
• Commissioning Of Affidavits
• Judicial Oversight
• Locus-standi

Ndabeni and Others v Leeming and Others (Reasons) (6008/2024)

Ndabeni and Others v Leeming and Others (Reasons) (6008/2024) [2024] ZANWHC 293 (2 December 2024)

Court

North West High Court, Mafikeng

Case number

6008/2024

Judge

T Masike

Urgent application dismissed for lack of a proper affidavit, lack of authority and locus standi, and no nexus between the facts and the interdict sought.

• Founding Affidavit Requirements
• Locus Standi
• Commissioning Of Affidavits
• Abuse Of Process
• Punitive Costs
• Urgent Interdict