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South Africa decisions
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Naude and Another v South African Legal Practice Council (A262/2023) [2025] ZAGPPHC 774 (12 August 2025)
The High Court upheld an appeal against the suspension of attorney Wynand Naude, finding the LPC’s investigation and urgent suspension application were unjustified.
Sunset Game Lodge CC v Da Costa and Another (9452/2023) [2025] ZALMPPHC 152 (8 August 2025)
The court found that none of the grounds advanced by the applicant established reasonable prospects of success on appeal. There was no material factual dispute requiring referral to trial, and the matter was capable of determination on affidavit. The lease agreement was validly cancelled, and the applicant failed to show entitlement to transfer of ownership. The issue regarding the Kruger-permit was rendered moot by the cancellation. The cost order was properly granted to the successful party, and no irregularity or misdirection was shown. Accordingly, the application for leave to appeal was…
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Moukangwe v Minister of Labour and Others (2025/028534) [2025] ZAGPJHC 771 (6 August 2025)
The High Court granted leave to sue Labour officials for damages, treating the filed motion papers as sufficient notice and finding good cause for condonation.
Caterpillar Financial Services South Africa (Pty) Ltd v Musor Consultants and Project CC (2025/023190) [2025] ZAGPJHC 763 (5 August 2025)
The court found that the respondent failed to set out sufficient circumstances to render the reconsideration application urgent. The respondent's allegations of prejudice, loss of contract, and reputational harm were unsupported by documentary evidence and were not causally linked to the repossession of the equipment. The respondent delayed bringing the application without adequate explanation and imposed unreasonable time constraints on the applicant. The court held that urgency in reconsideration applications is not automatic and must be independently established. As the respondent did not…
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Gert Sibande District Municipality v Bonginkosi Technologies (Pty) Ltd (5459/2022) [2025] ZAMPMHC 37 (4 August 2025)
The High Court granted leave to appeal to the Full Court after finding the applicant had shown reasonable prospects of a different outcome.
Akani Building Solutions (Pty) Limited v Lebo Tebo Trading and Projects CC (2024-033125) [2025] ZAGPPHC 781 (1 August 2025)
The court found that the respondent's indebtedness to the applicant was disputed on bona fide and reasonable grounds. The respondent provided sufficient factual allegations that, if proved at trial, would constitute a good defence to the applicant's claim. The applicant impermissibly attempted to broaden its claim in reply, which was not the case the respondent was called to meet. The Badenhorst rule applies, and winding-up proceedings are not appropriate for enforcing a debt that is genuinely disputed. There was no evidence of lack of bona fides on the respondent's part. The application for…
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Fourie v Botha and Others (500/2024) [2025] ZANCHC 70 (1 August 2025)
The High Court awarded party-and-party costs after an urgent application, but refused punitive attorney-and-client costs for lack of a proper founding case.
RB v ES (2321/2016) [2025] ZANCHC 68 (1 August 2025)
The High Court dismissed an application for leave to appeal, finding no reasonable prospects of success or other compelling reason to hear the appeal.
Bhijal Properties (Pty) Ltd and Another v Tongaat Paper Company (Pty) Ltd and Others (D12267/2024) [2025] ZAKZDHC 47 (31 July 2025)
The High Court upheld points in limine on urgency and lis alibi pendens, staying the application pending consolidated proceedings about the property and agreements.
Tibane and Others v Mhlongo and Others (Leave to Appeal) (1870/2023) [2025] ZAMPMBHC 65 (28 July 2025)
The High Court refused leave to appeal against the appointment of an administrator for a dysfunctional trust, holding the order was interim and not appealable.
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