Carnaby Way Investments (Pty) Ltd v Koch and Others (532/2024) [2025] ZAMPMBHC 73 (11 August 2025)
Court
Mbombela High Court, Mpumalanga
Case number
532/2024
Judge
Msibi AJ
The court found that the applicant failed to discharge the criminal evidential burden of proof that the first respondent was aware of the court order. Although the first respondent was present during the proceedings, there was no evidence that the order was served on her or brought to her attention prior to the present application. Without proof of knowledge, the requirements for contempt, specifically wilfulness and mala fides, could not be established beyond reasonable doubt. The application for contempt was therefore dismissed.
N.L.D v M.L (5785/22) [2025] ZAWCHC 337 (6 August 2025)
Court
Western Cape High Court, Cape Town
Case number
5785/22
Judge
Lekhuleni JD
High Court granted payment of arrear maintenance under a Rule 43 order and held the respondent’s non-payment was wilful, with leave to pursue contempt if unpaid.
Mashinini v Minister of Correctional Services and Another (Ex Tempore) (2023-098939) [2025] ZAGPPHC 772 (30 July 2025)
Court
North Gauteng High Court, Pretoria
Case number
2023-098939
Judge
E van der Schyff
Urgent contempt application over non-release on parole dismissed because the Minister was not cited personally and non-compliance was not shown to be mala fide.
Prime African (Pty) Ltd v Eskom Holding SOC Ltd and Others (2025/070166) [2025] ZAWCHC 306 (25 July 2025)
Court
Western Cape High Court, Cape Town
Case number
2025/070166
Judge
Nziweni
The court found that Eskom was not in wilful contempt of the 2024 order. Although Eskom failed to meet the deadline for the emergency procurement process, the evidence demonstrated substantial compliance and bona fide efforts to comply, with delays attributable to legitimate procurement complexities. The applicant failed to prove intentional or flagrant disregard of the order. The request to amend the 2024 order was rejected, as the principle of finality precludes substantive changes except for clerical errors or ambiguities, which were not present. The interdict relief sought was incompetent…
S.S v M.A.S (110440/2025) [2025] ZAGPJHC 739 (25 July 2025)
Court
South Gauteng High Court, Johannesburg
Case number
110440/2025
Judge
Abro
The court found that the respondent had knowledge of the maintenance order and failed to comply with its terms, both historically and in the months immediately preceding the application. The respondent admitted arrears and made unilateral deductions from maintenance payments without legal entitlement. His defence of financial hardship was unsupported by evidence; he failed to provide bank statements, salary advices, or details of assets and expenses. The applicant, by contrast, provided documentary proof of the respondent's income and the limited liabilities on joint estate properties. The re…
B.B.Y. v A.A.B.Y. (2022/17297) [2025] ZAGPJHC 747 (25 July 2025)
Court
South Gauteng High Court, Johannesburg
Case number
2022/17297
Judge
E Raubenheimer
The High Court found a party in contempt for failing to comply with divorce and maintenance orders, rejected a Get-based conditionality defence, and suspended imprisonment on compliance.
Pienaar and Another v Raadt and Others (2277/2024) [2025] ZANCHC 64 (25 July 2025)
Court
Northern Cape High Court, Kimberley
Case number
2277/2024
Judge
Mamosebo
The High Court dismissed an urgent contempt application, finding the applicants had not proved non-compliance beyond reasonable doubt and ordered costs against them.
Isago Ka Lefika (Pty) Ltd v Sishen Iron Ore and Others (1416/2025) [2025] ZANCHC 67 (18 July 2025)
Court
Northern Cape High Court, Kimberley
Case number
1416/2025
Judge
Mamosebo
The High Court granted urgent interim interdictory relief and issued a rule nisi in contempt proceedings arising from alleged breach of a prior termination order.
Sheriff of The High Court: Giyani (Sydney Herbert Park, An Officer of Court) v Renky Thulani Makhubela (1270/2023) [2025] ZASCA 104 (15 July 2025)
Court
Supreme Court of Appeal
Case number
1270/2023
Judges
Nicholls JA, Saldulker AJA, Norman AJA
The majority of the Supreme Court of Appeal held that the appellant, the sheriff, was not in contempt of court when he failed to transfer the funds as ordered by the high court. The sheriff had at all times evinced an intention to appeal the July order and was still within the 30-day period prescribed by the Superior Courts Act to petition the Supreme Court of Appeal. The majority found that the sheriff's conduct did not demonstrate contumacious disrespect for judicial authority but rather adherence to lawful appellate procedures. The automatic suspension of the judgment's execution pending a…