South Africa Case Law

Linde N.O. and Others v Eskom Holdings SOC Ltd (682/2025)

Linde N.O. and Others v Eskom Holdings SOC Ltd (682/2025) [2025] ZAFSHC 65 (21 February 2025)

Court

Free State High Court, Bloemfontein

Case number

682/2025

Judge

JP Daffue

The court found that the applicants met all four requirements for an interim interdict. The Trust established a strong prima facie right based on its ongoing electricity supply and the catastrophic consequences of disconnection for its farming operations. The apprehension of irreparable harm was clear, as the loss of electricity would likely result in the death of 350,000 chicks and severe economic damage. The balance of convenience overwhelmingly favoured the applicants, as Eskom would not suffer irreparable harm from delayed payment, while the Trust faced existential risk. The absence of a…

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• Interim Interdict
• Promotion Of Administrative Justice Act
• Electricity Supply Dispute
• Exhaustion Of Internal Remedies
• Urgency
• Constitutional Property Rights

DSV South Africa (PTY) LTD and Another v Commissioner for the South African Revenue Services and Another (61072/2020)

DSV South Africa (PTY) LTD and Another v Commissioner for the South African Revenue Services and Another (61072/2020) [2024] ZAGPPHC 695 (22 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

61072/2020

Judge

Swanepoel

The High Court reviewed SARS' refusal to refund duties paid in error on exported vehicles, ordered repayment of the cash portion, and declined to award PRCC value.

• Customs And Excise Act
• Refund Of Duties
• Promotion Of Administrative Justice Act
• Error In Tax Payment
• Judicial Review
• Constitutional Property Rights

Barker and Another v Nangu and Another (EL2049/2023)

Barker and Another v Nangu and Another (EL2049/2023) [2024] ZAECELLC 37 (9 July 2024)

Court

Eastern Cape High Court, East London Local Court

Case number

EL2049/2023

Judge

Bodlani

The court found that the respondents, having lost ownership of the property through sale in execution and remaining in occupation without the consent of the new owners, are unlawful occupiers under the PIE Act. The respondents failed to provide a valid legal defence to eviction and did not cooperate with the municipality or the court's directives to facilitate a case-specific report on their circumstances. The municipality eventually provided a general report but was unable to assess the respondents' eligibility for emergency accommodation due to their non-cooperation. The applicants have not…

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• Prevention Of Illegal Eviction Act
• Right To Adequate Housing
• Sale In Execution
• Municipal Obligations
• Just And Equitable Eviction
• Constitutional Property Rights

Department of Economic Development and Environment Affairs v Boyana and Another (5123/2022)

Department of Economic Development and Environment Affairs v Boyana and Another (5123/2022) [2024] ZAECMHC 20 (23 April 2024)

Court

Eastern Cape High Court, Mthatha

Case number

5123/2022

Judge

L Rusi

The applicant established that the land in question falls within the protected coastal conservation area as defined by Decree 9 of 1992. The respondent failed to produce a valid permission to occupy or evidence of a lawful transfer of rights under Proclamation 26 of 1936. The affidavits and supporting documents provided by the respondent were insufficient, lacking confirmation from the Department of Agriculture or proper registration. The respondent's constitutional arguments were not properly pleaded and cannot be sustained. The applicant demonstrated a clear right to protect the conservatio…

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• Coastal Conservation Area
• Environmental Conservation Decree
• Permission To Occupy
• Final Interdict
• Land Tenure
• Constitutional Property Rights

Moatshi v City of Tshwane Metropolitan Municipality (45183/2018)

Moatshi v City of Tshwane Metropolitan Municipality (45183/2018) [2024] ZAGPPHC 331 (11 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

45183/2018

Judge

Collis

The court held that section 118(1) of the Local Government: Municipal Systems Act does not permit a municipality to include interest on arrears in the amount required for the issuance of a rates clearance certificate. The statutory language lists only municipal service fees, surcharges, rates, taxes, levies, and duties, and does not mention interest. The legislature could have expressly included interest but did not do so, and the court is prohibited from reading interest into the section. Interest may only be charged when a demand has been made, services have been rendered and utilised, and…

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• Municipal Rates Clearance
• Interest On Arrears
• Local Government Powers
• Statutory Interpretation
• Constitutional Property Rights

Fouche v Minister of Police - Application for Leave to Appeal (94966/16)

Fouche v Minister of Police - Application for Leave to Appeal (94966/16) [2023] ZAGPPHC 1840 (19 October 2023)

Court

North Gauteng High Court, Pretoria

Case number

94966/16

Judge

Barit

The court found that the applicant was lawfully arrested by the police after taking possession of a vehicle registered and paid for by the complainant, Rawlins, without her authority. The applicant failed to provide any credible evidence of ownership, relying on a worthless offer to purchase document. The police acted within their statutory powers under section 40 of the Criminal Procedure Act, and the arrest was justified. The threshold for granting leave to appeal under section 17(1) of the Superior Courts Act is stringent, requiring more than a mere possibility of success. The applicant di…

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• Unlawful Arrest
• Damages For Unlawful Detention
• Ownership Of Property
• Section 17 Superior Courts Act
• Constitutional Property Rights

Western Cape Gambling and Racing Board and Another v Sunwest International t/a Grandwest Casino & Entertainment World and Another (1330/2021)

Western Cape Gambling and Racing Board and Another v Sunwest International t/a Grandwest Casino & Entertainment World and Another (1330/2021) [2023] ZASCA 118 (4 September 2023)

Court

Supreme Court of Appeal

Case number

1330/2021

Judges

Dambuza, Mocumie, Plasket, Goosen, Mali

The Supreme Court of Appeal held that the language of section 64 and the relevant Schedules of the Western Cape Gambling and Racing Act 4 of 1996 is clear and unambiguous: the 'drop' is defined as the amount deducted from players' slot accounts as a result of slot machine play, which includes both cash and freeplay credits. There is no statutory distinction between credits paid for and freeplay credits. The purpose of the Act is to impose tax on gambling activity, not on the financial benefit to the casino. The respondents' interpretation, which would exclude freeplay from taxable revenue, is…

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• Gambling Taxation
• Interpretation Of Statutes
• Adjusted Gross Revenue
• Constitutional Property Rights

Seleka and Another v City Of Johannesburg Metropolitan Municipality and Another (20026/2019)

Seleka and Another v City Of Johannesburg Metropolitan Municipality and Another (20026/2019) [2023] ZAGPJHC 998 (31 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

20026/2019

Judge

Noko

The court found that both parties failed to comply strictly with procedural rules regarding late filing, but in the interests of fairness and given the applicants' circumstances, condonation was granted for both the answering and replying affidavits. On the merits, the applicants were not registered owners and thus not entitled to rebates or discounts under the Property Rates Policy. The respondent's conduct did not infringe the applicants' constitutional property rights, as their rights were contingent on the sale agreement and not yet realized. The respondent complied with section 118(3) of…

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• Municipal Rates Clearance
• Section 118 Municipal Systems Act
• Property Transfer
• Rebates For Pensioners
• Condonation Of Late Filing
• Constitutional Property Rights

Izimpondo Ze Africa Security Services CC and Another v Minister of Police and Another (2023/049713)

Izimpondo Ze Africa Security Services CC and Another v Minister of Police and Another (2023/049713) [2023] ZAGPJHC 853 (7 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023/049713

Judge

R M Keightley

The court found that the police's seizure of the applicants' firearms, magazines, ammunition, licences and permit book was unlawful and unconstitutional. The search and seizure warrant was issued for customs offences, not for firearms-related offences, and there was no evidence that the applicants' property was connected to any crime. The applicants were the lawful owners and permit holders, and any expired permits related only to firearms kept securely in the safe, with renewal pending. The respondents failed to provide a lawful basis for retaining the property, and their explanations were f…

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• Search And Seizure
• Unlawful Seizure
• Urgent Interdict
• Firearms Control
• Spoliation
• Constitutional Property Rights

Nedbank Limited v Vika (46/2018)

Nedbank Limited v Vika (46/2018) [2022] ZAECMHC 39 (27 September 2022)

Court

Eastern Cape High Court, Mthatha

Case number

46/2018

Judge

J.E. Smith

The High Court declared a mortgaged home executable under Rule 46A after finding no evidence that the debtor could pay the debt by other means.

• Execution Against Immovable Property
• Mortgage Bond Enforcement
• Reserve Price Setting
• Judicial Oversight
• Constitutional Property Rights
• Execution-against-immovable-property