South Africa Case Law

Samsung Sds Global Scl South Africa Proprietary Limited v Rhenus Logistics Proprietary Limited (2023/076450; 2023/079688)

Samsung Sds Global Scl South Africa Proprietary Limited v Rhenus Logistics Proprietary Limited (2023/076450; 2023/079688) [2025] ZAGPJHC 677 (18 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/076450; 2023/079688

Judge

Pearse AJ

The court found that Samsung SDS could not rely on section 6(1) of the Arbitration Act to stay its own action, as that statutory power is available only to defendants or third parties. However, the court's inherent jurisdiction under section 173 of the Constitution allows it to stay proceedings in the interests of justice. The initiation of the action by Samsung SDS did not amount to a repudiation or waiver of the arbitration agreement, given its clear intention to arbitrate and the precautionary nature of the action to interrupt prescription. The interests of justice, party autonomy, and con…

Source excerpt

• Stay Of Proceedings
• Arbitration Agreement Enforcement
• Consolidation Of Actions
• Vicarious Liability
• Prescription Interruption
• Specific Performance

C.W.B v C.E.B (7796/2021)

C.W.B v C.E.B (7796/2021) [2025] ZAGPJHC 614 (18 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

7796/2021

Judge

Barnes

The High Court refused to consolidate an undefended divorce action with a separate action over an alleged oral agreement, finding insufficient overlap and undue delay.

• Consolidation Of Actions
• Accrual System
• Oral Agreement Enforcement
• Divorce Proceedings
• Consolidation-of-actions
• Divorce-proceedings

S.M v M.M and Another (038386/2025)

S.M v M.M and Another (038386/2025) [2025] ZAGPJHC 431 (4 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

038386/2025

Judge

Crutchfield

The High Court granted urgent interdictory relief and consolidated two divorce actions to preserve disputed assets pending determination of marital status and ownership.

• Customary Marriage Validity
• Community Of Property
• Interdict
• Consolidation Of Actions
• Division Of Matrimonial Assets
• Urgent-interdict

Resilient Properties (Pty) Ltd and Others v Legal Practitioners Fidelity Fund and Another (64872/2020; 54987/2021)

Resilient Properties (Pty) Ltd and Others v Legal Practitioners Fidelity Fund and Another (64872/2020; 54987/2021) [2025] ZAGPPHC 268 (20 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

64872/2020; 54987/2021

Judge

Baqwa

The High Court refused to consolidate two related civil actions, finding insufficient overlap of issues and an unexplained delay by the applicants.

• Consolidation Of Actions
• Vicarious Liability
• Entrustment Of Funds
• Statutory Interpretation
• Costs Award
• Consolidation-of-actions

Africas Best Foods Pty Ltd v CISA Specialita Alimentari S.R.L (2021/26828)

Africas Best Foods Pty Ltd v CISA Specialita Alimentari S.R.L (2021/26828) [2025] ZAGPJHC 390 (10 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2021/26828

Judge

Q Leech

The court held that rule 11 does not permit the consolidation of actions and applications unless the application is first referred to trial and thereby converted into an action. The applicant did not provide sufficient grounds for the exercise of the court's inherent jurisdiction to consolidate the proceedings. The court found that the applicant's approach—bringing a separate interlocutory application for referral to trial—was unnecessary and caused delay, as such applications should generally be brought at the hearing of the main application and on notice without supporting affidavits. The a…

Source excerpt

• Consolidation Of Actions
• Rule 6 5 G
• Rule 11 Interpretation
• Conversion Of Application To Action
• Costs Orders
• Abuse Of Process

Leatile Construction and Projects CC v Christo Bekker Inc Attorneys and Another (13850/23)

Leatile Construction and Projects CC v Christo Bekker Inc Attorneys and Another (13850/23) [2024] ZAGPPHC 212 (19 March 2024)

Court

North Gauteng High Court, Pretoria

Case number

13850/23

Judge

RJ Groenewald

The High Court dismissed an application to join the respondents to consolidated actions, finding insufficient primary facts and refusing condonation for a late reply.

• Joinder Of Parties
• Rule 10 Uniform Rules
• Consolidation Of Actions
• Authority To Act
• Condonation
• Costs Order

Cisa Specialita Alimentari S.R.L. v Africa's Best Foods (Pty) Ltd (26828/2021)

Cisa Specialita Alimentari S.R.L. v Africa's Best Foods (Pty) Ltd (26828/2021) [2024] ZAGPJHC 78 (29 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

26828/2021

Judge

GC Wright

The High Court postponed a commercial matter sine die, reserving costs while related proceedings in Italy were pending and consolidation was contemplated.

• Postponement Application
• Consolidation Of Actions
• Service Of Process
• Costs Reservation
• Postponement-application
• Consolidation-of-actions

Lamola v Kekana and Others (31596/2014)

Lamola v Kekana and Others (31596/2014) [2023] ZAGPJHC 1369 (27 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

31596/2014

Judge

C Bester

The High Court consolidated four related applications over jointly owned properties, finding common factual overlap, little prejudice, and a risk of conflicting outcomes.

• Consolidation Of Actions
• Uniform Rules Of Court Rule 11
• Multiplicity Of Applications
• Judicial Discretion
• Prejudice In Consolidation
• Consolidation-of-actions

Kajee v Special Investigations Unit and Others (GP22/2021; GP/09/2019)

Kajee v Special Investigations Unit and Others (GP22/2021; GP/09/2019) [2023] ZAST 16 (20 November 2023)

Court

Special Tribunal

Case number

GP22/2021

Judge

L.T. Modiba

The Special Tribunal dismissed an irregular-step challenge and granted consolidation of two SIU actions, holding the case management directives were binding and costs should follow the cause.

• Consolidation Of Actions
• Irregular Proceedings
• Judicial Case Management
• Punitive Costs
• Promotion Of Administrative Justice Act
• Constitutional Right To Fair Hearing

Phalane N.O. and Another v Department of Co-operative Governance, Human Settlements and Traditional Affairs of the Limpopo Provincial Governance and Others (1971/2018)

Phalane N.O. and Another v Department of Co-operative Governance, Human Settlements and Traditional Affairs of the Limpopo Provincial Governance and Others (1971/2018) [2023] ZALMPPHC 88 (21 September 2023)

Court

Limpopo High Court, Polokwane

Case number

1971/2018

Judge

Bresler

The High Court referred a property ownership application to trial and consolidated it with a related action, finding trial evidence and cross-examination necessary.

• Consolidation Of Actions
• Lis Alibi Pendens
• Referral To Trial
• Immovable Property Ownership
• Consolidation-of-actions
• Lis-alibi-pendens