South Africa Case Law

Special Investigating Unit v Zakheni Strategic Supplies (Pty) Ltd and Others (GP09/2021)

Special Investigating Unit v Zakheni Strategic Supplies (Pty) Ltd and Others (GP09/2021) [2025] ZAST 12 (23 July 2025)

Court

Special Tribunal

Case number

GP09/2021

Judge

A H Petersen

The Special Tribunal dismissed the SIU’s contempt application, finding it had not proved beyond reasonable doubt that the respondents acted wilfully and mala fide.

• Civil Contempt
• Wilfulness And Mala Fides
• Jurisdiction Of Tribunal
• Compliance With Court Orders
• Civil-contempt
• Wilfulness-and-mala-fides

Sports Tarven v Lin and Others (11248/2024)

Sports Tarven v Lin and Others (11248/2024) [2024] ZALMPPHC 205 (13 December 2024)

Court

Limpopo High Court, Polokwane

Case number

11248/2024

Judge

Mashamba

The High Court dismissed an urgent contempt application, finding no proof of wilful, mala fide non-compliance with the prior rule nisi order.

• Contempt Of Court
• Urgent Interdict
• Service Of Process
• Compliance With Court Orders
• Contempt-of-court
• Urgent-applications

Ndlovu v Bothma and Others (67546/2018)

Ndlovu v Bothma and Others (67546/2018) [2024] ZAGPPHC 1107 (24 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

67546/2018

Judge

R. Francis-Subbiah

The court found that the first and fourth respondents failed to comply with the court order of 15 June 2023 by not providing the required statement of account and supporting documents, including bank statements. The respondents did not offer any valid reasons for their non-compliance. The court concluded that the non-compliance was both wilful and mala fide, satisfying the requirements for contempt of court as set out in Fakie NO v CCII Systems (Pty) Ltd. Accordingly, the first respondent was found guilty of contempt and an order for his committal to imprisonment was granted, suspended for th…

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• Contempt Of Court
• Compliance With Court Orders
• Wilful Default
• Mala Fides

31 Koch Street Joubert Park CC v City of Johannesburg Metropolitan Municipality and Another (129862/2023)

31 Koch Street Joubert Park CC v City of Johannesburg Metropolitan Municipality and Another (129862/2023) [2024] ZAGPJHC 62 (30 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

129862/2023

Judge

N Manoim

The court held that the City is obliged to comply with the order of Wright J to restore electricity supply to the applicant's building pending the return day. The City's arguments that the order is suspended due to pending reconsideration or appeal, and that the applicant's unlawful self-help conduct negates its obligation, were rejected. The court emphasized that compliance with court orders is foundational to the rule of law and cannot be disregarded unless set aside by a competent court. The applicant's conduct in reconnecting the supply unlawfully is a separate issue and does not absolve…

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• Interim Relief
• Contempt Of Court
• Municipal Services
• Urgent Interdict
• Compliance With Court Orders

Mabasa and Another v Municipal Manager: O R Tambo District Municipality and Others (2503/2022)

Mabasa and Another v Municipal Manager: O R Tambo District Municipality and Others (2503/2022) [2024] ZAECMHC 7 (23 January 2024)

Court

Eastern Cape High Court, Mthatha

Case number

2503/2022

Judge

Jolwana

The court ordered the municipal manager to comply with a prior order recognising Mr Mabasa as councillor, but declined contempt imprisonment and personal costs.

• Contempt Of Court
• Municipal Structures Act
• Compliance With Court Orders
• Personal Costs Orders
• Contempt-of-court
• Compliance-with-court-orders

Putter and Another v Ariogenix (Pty) Ltd and Another (21365/2022)

Putter and Another v Ariogenix (Pty) Ltd and Another (21365/2022) [2023] ZAGPPHC 1962 (23 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

21365/2022

Judge

Makhoba

The court found the first respondent in contempt for failing to fully return files and data after an Anton Piller order was set aside. The second respondent was not liable.

• Contempt Of Court
• Anton Pillar Orders
• Punitive Costs
• Compliance With Court Orders
• Contempt-of-court
• Anton-pillar-orders

Mpofana Community Land Claimants and Another v Regional Land Claims Commissioner Kwazulu-Natal Province and Others (LCC 164/2021B)

Mpofana Community Land Claimants and Another v Regional Land Claims Commissioner Kwazulu-Natal Province and Others (LCC 164/2021B) [2023] ZALCC 25 (21 July 2023)

Court

Land Claims Court

Case number

LCC 164/2021B

Judge

SJ Cowen

The first respondent was obliged to comply with the 2021 court order requiring publication of the applicants' land claim in the Government Gazette. The respondent's purported decision to dismiss the claim was not final or communicated to the applicants, and thus did not excuse non-compliance. Court orders must be obeyed unless set aside, and the respondent failed to seek rescission, variation, or clarification of the order. The Restitution Act contemplates investigation after publication, and provides mechanisms for dismissal if warranted. The respondent's failure to comply undermined the aut…

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• Restitution Of Land Rights Act
• Compliance With Court Orders
• Publication Of Land Claims
• Rule Of Law

National Arts Council of South Africa and Another v Nyathela and Another (14562/2018)

National Arts Council of South Africa and Another v Nyathela and Another (14562/2018) [2023] ZAGPJHC 762 (4 July 2023)

Court

South Gauteng High Court, Johannesburg

Case number

14562/2018

Judge

Senyatsi

The court held the respondents in contempt for failing to remove defamatory Twitter posts as ordered, and imposed a suspended prison sentence conditional on compliance.

• Contempt Of Court
• Compliance With Court Orders
• Authority To Depose Affidavit
• Contempt-of-court
• Compliance-with-court-orders
• Affidavit-authority

Mthimkulu v Head of Department: Department of Agriculture, Land Reform and Rural Development and Another (867/2023)

Mthimkulu v Head of Department: Department of Agriculture, Land Reform and Rural Development and Another (867/2023) [2023] ZAFSHC 123 (17 April 2023)

Court

Free State High Court, Bloemfontein

Case number

867/2023

Judge

Naidoo

Urgent contempt application dismissed after the court found no proof of wilful or bad-faith non-compliance with a prior order on public-service appointment processing.

• Contempt Of Court
• Public Service Employment
• Urgent Interdict
• Compliance With Court Orders
• Contempt-of-court
• Urgent-applications

Minister of Home Affairs v PSA obo Khoza and Another (P40/2020)

Minister of Home Affairs v PSA obo Khoza and Another (P40/2020) [2022] ZALCPE 44 (7 December 2022)

Court

Labour Court Port Elizabeth

Case number

P40/2020

Judge

Z Lallie

The Labour Court condoned the late filing of an answering affidavit despite non-compliance with a prior order, finding no basis to bar opposition or award costs.

• Condonation Of Late Filing
• Default Judgment
• Compliance With Court Orders
• Condonation
• Late-filing
• Default-judgment