South Africa Case Law

Vink Multi Services (Pty) Ltd v First Rand Bank Limited t/a Wesbank and Others (644/2025)

Vink Multi Services (Pty) Ltd v First Rand Bank Limited t/a Wesbank and Others (644/2025) [2025] ZAWCHC 121 (19 March 2025)

Court

Western Cape High Court, Cape Town

Case number

644/2024

Judge

Mthimunye AJ

Rescission application dismissed after the court found no valid basis to set aside earlier orders and judgments, and no adequate explanation for the delay.

• Rescission Of Judgment
• Rule 42 Uniform Rules
• Vehicle Rental Agreement
• Default Judgment
• Constitutional Right To Fair Hearing
• Rescission-of-judgment

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

Blakey Investments (Pty) Ltd v Reckitt Benckiser South Africa (Pty) Ltd and Another (31783/2014)

Blakey Investments (Pty) Ltd v Reckitt Benckiser South Africa (Pty) Ltd and Another (31783/2014) [2023] ZAGPJHC 1128 (3 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

31783/2014

Judge

M A Makume

The High Court dismissed leave to appeal against a Rule 45A judgment, finding no reasonable prospects of success or compelling reason to hear the appeal.

• Leave To Appeal
• Stay Of Execution
• Admission Of Further Evidence
• Rule 45a
• Set Off
• Constitutional Right To Fair Hearing

T.G v B.J.G (A06/2023)

T.G v B.J.G (A06/2023) [2023] ZAWCHC 92 (23 March 2023)

Court

Western Cape High Court, Cape Town

Case number

A06/2023

Judges

Nyati, Baartman

The High Court found that the magistrate erred in rejecting the appellant's answering affidavit due to a clerical error by the commissioner of oaths, as the substance and context of the affidavit made it clear the deponent was present and the error was not fatal. The appellant, as a cited party and primary caregiver of the adult dependent child, retained a substantial interest in the maintenance proceedings and should not have been excluded without a factual enquiry into the daughter's dependence. The punitive costs order was set aside as the magistrate lacked jurisdiction and no reasons were…

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• Maintenance Order Discharge
• Locus Standi
• Condonation For Late Filing
• Costs Order
• Commissioner Of Oaths Affidavit
• Constitutional Right To Fair Hearing

South African Police Service Medical Scheme v Registrar of The Council for Medical Schemes and Others (24261/2020)

South African Police Service Medical Scheme v Registrar of The Council for Medical Schemes and Others (24261/2020) [2022] ZAGPPHC 838 (2 November 2022)

Court

North Gauteng High Court, Pretoria

Case number

24261/2020

Judge

E M Kubushi

The court found that although the remedies sought in Part A and Part B were distinct, both flowed from the same cause of action. However, the application failed not on res judicata or lis pendens grounds, but because there was no actual dispute (lis) between the parties. The ex parte curatorship application had been withdrawn, and all parties agreed that ex parte applications must be justified by facts and are not permitted as blanket authorisation under section 5(1) of the Financial Institutions Act. The court held that the question posed by POLMED was hypothetical, abstract, and academic, a…

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• Curatorship Of Medical Scheme
• Ex Parte Applications
• Declaratory Relief
• Res Judicata
• Lis Pendens
• Constitutional Right To Fair Hearing

Mashiya v Minister of Justice and Correctional Services and Others (JR2740/13)

Mashiya v Minister of Justice and Correctional Services and Others (JR2740/13) [2021] ZALCJHB 165 (28 June 2021)

Court

Labour Court Johannesburg

Case number

JR2740/13

Judge

G N Moshoana

The Labour Court refused to dismiss a review for delay, finding the postponements largely attributable to the Registrar and the applicant’s own obstructive conduct.

• Unreasonable Delay
• Abuse Of Process
• Practice Manual
• Review Application
• Constitutional Right To Fair Hearing
• Review-application

Union-Swiss (Proprietary) Limited v Govender and Others (5903/2017)

Union-Swiss (Proprietary) Limited v Govender and Others (5903/2017) [2020] ZAKZDHC 30; 2021 (1) SA 578 (KZD) (7 August 2020)

Court

Kwazulu-Natal High Court, Durban

Case number

5903/2017

Judge

Chetty

The court held that while remote hearings are permissible under the Superior Courts Act and relevant directives, the Judge President's directive restricts civil trials during lockdown to those deemed urgent. The applicant failed to demonstrate sufficient urgency for its trial to proceed remotely, as the main prejudice claimed was delay, and the goods at issue had already been seized. The court found that the defendants' objections regarding fairness and logistics, though not entirely persuasive, were sufficient to tip the balance against imposing a remote trial without their consent. The guar…

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• Remote Hearing
• Trade Mark Infringement
• Counterfeit Goods Act
• Urgency In Civil Trials
• Constitutional Right To Fair Hearing

Exxaro Coal (Mpumalanga) (Pty) Ltd and Another v Minister of Water Affairs and Another (63939/2012)

Exxaro Coal (Mpumalanga) (Pty) Ltd and Another v Minister of Water Affairs and Another (63939/2012) [2012] ZAGPPHC 354 (7 December 2012)

Court

North Gauteng High Court, Pretoria

Case number

63939/2012

Judge

Pretorius

The court held that the Minister of Water Affairs was statutorily and constitutionally obliged to appoint the chairperson and members of the Water Tribunal under section 146(5) of the National Water Act. The directive to refer the dispute to mediation was ultra vires, as mediation cannot replace the statutory right of appeal to the Water Tribunal provided by section 148(1)(j). The Minister's failure to constitute the Tribunal infringed the applicants' constitutional right to a fair hearing under section 34 of the Constitution. The directive to mediate constituted an administrative action not…

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• National Water Act
• Mandamus
• Ultra Vires
• Constitutional Right To Fair Hearing
• Administrative Action
• Internal Remedies

Business Partners Ltd v Westville Manor House (Pty) Ltd (1100/2008, 10402/2010)

Business Partners Ltd v Westville Manor House (Pty) Ltd (1100/2008, 10402/2010) [2011] ZAKZDHC 54 (29 November 2011)

Court

Kwazulu-Natal High Court, Durban

Case number

1100/2008, 10402/2010

Judge

Lopes

The court confirmed provisional liquidation orders against two related companies, rejecting defences based on a settlement agreement, solvency claims, and a constitutional challenge.

• Company Liquidation
• Suretyship
• Settlement Agreement
• Commercial Insolvency
• Parate Executie
• Constitutional Right To Fair Hearing

Norman Tsie Taxis v Pooe and Others (J 1782/03)

Norman Tsie Taxis v Pooe and Others (J 1782/03) [2004] ZALC 2; [2004] 3 BLLR 258 (LC) (21 January 2004)

Court

Labour Court

Case number

J 1782/03

Judge

A Van Niekerk

The court held that there is no constitutional or common law basis for an absolute right to legal representation in CCMA arbitration proceedings. Section 140(1) of the Labour Relations Act, as it stood in August 2003, provided a discretion to commissioners to permit legal representation in defined circumstances, taking into account the seriousness and complexity of the matter, the existence and nature of any questions of law, the public interest, and the comparative ability of the parties. This discretion is consistent with the requirements of a fair hearing under the Constitution and the com…

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• Legal Representation In Ccma
• Constitutional Right To Fair Hearing
• Commissioner Discretion
• Promotion Of Administrative Justice Act
• Unfair Dismissal
• Administrative Action