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South Africa decisions
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Montana v Commissioner for the South African Revenue Service (2023-047735) [2025] ZAGPPHC 749 (21 July 2025)
The High Court dismissed condonation for a late answering affidavit in sequestration proceedings and granted SARS’s strike-out application with punitive costs.
Kerbyn Cape 2 (Pty) Ltd v Commissioner: SARS (15899/2023) [2025] ZAWCHC 308 (11 July 2025)
The High Court lacks jurisdiction to hear the review application because the applicant failed to exhaust internal remedies as required by the Tax Administration Act and PAJA. The applicant did not seek a directive from the High Court to bypass the Tax Court, nor did it demonstrate exceptional circumstances justifying such a departure. The mere lapse of time and inaccessibility of internal remedies do not satisfy the duty to exhaust or constitute exceptional circumstances. The applicant's repeated late objections and failure to follow prescribed procedures under the TAA and Tax Court Rules pre…
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Praia Roche 122 Investments (Pty) Ltd and Another v Land and Agricultural Bank of South Africa (Leave to Appeal) (658/2022) [2025] ZANCHC 65 (20 June 2025)
The court found that the applicants failed to provide a full and reasonable explanation for the inordinate delay of 17 months in filing the application for leave to appeal. The explanation offered was vague, lacked specific dates and details, and did not cover the entire period of delay. The applicants attempted to raise new grounds not canvassed in the main proceedings, which is impermissible in motion proceedings. The court held that the applicants' conduct was dilatory and aimed at frustrating the execution process. There were no prospects of success or compelling reasons to grant leave to…
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Rathebe v S (1571/2024) [2025] ZASCA 73 (30 May 2025)
The Supreme Court of Appeal found that the only evidence presented by the State against the appellant was the uncorroborated testimony of a single witness, which did not meet the high threshold of proof beyond reasonable doubt required for conviction. The appellant's version was exculpatory and supported by the evidence, and the trial court erred in its assessment by failing to consider alternative explanations for the complainant's injuries and by not giving the appellant the benefit of the doubt. The Court emphasized the constitutional rights to a fair trial and equal treatment, holding tha…
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Zwane v Astrotail 109 (Pty) Ltd and Others (B812/2023) [2025] ZAGPPHC 426 (8 May 2025)
The High Court granted condonation for a late leave-to-appeal application and granted leave to appeal to the Full Court in a business rescue dispute.
Mpilo and Zen Holdings (Pty) Ltd v Minister of Mineral Resources and Energy and Others (3985/2023) [2025] ZAMPMBHC 32 (5 May 2025)
High Court review of mining-related administrative decisions was upheld, with impugned decisions set aside, remitted for reconsideration, and a permit preserved pending appeal.
Federated Local and Long Distance Taxi Association and Another v Moses and Another (2479/2025) [2025] ZALMPPHC 63 (1 April 2025)
The High Court upheld an objection to late opposition in an urgent taxi interdict, granted a final interdict, and ordered costs de bonis propriis against the attorney.
Redink Rentals (RF) Limited v Educor Holdings (Pty) Ltd and Others (D11077/2023) [2025] ZAKZDHC 13 (27 March 2025)
The High Court held that enforcing a settlement agreement after withdrawal of earlier proceedings was not an irregular step, and dismissed the respondents' application.
Ndamase v First Rand Bank Ltd and Another (Leave to Appeal) (024968/24) [2025] ZAGPPHC 297 (18 March 2025)
The High Court dismissed condonation and leave to appeal, finding no satisfactory explanation for delay and no reasonable prospects of success.
Curro Heights Properties (Pty) Ltd v Nomic 151 (Pty) Ltd and Others (Leave to Appeal) (22696/2024) [2025] ZAWCHC 108 (17 March 2025)
The High Court refused leave to appeal after an out-of-time application, finding no condonation was sought and no reasonable prospects of success were shown.
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