South Africa Case Law

Road Accident Fund and Others v Hlatshwayo and Others (724/2023; 724B/2023)

Road Accident Fund and Others v Hlatshwayo and Others (724/2023; 724B/2023) [2025] ZASCA 17; [2025] 2 All SA 333 (SCA) (5 March 2025)

Court

Supreme Court of Appeal

Case number

724/2023; 724B/2023

Judges

Mocumie, Hughes, Smith, Dolamo, Molitsoane

The Supreme Court of Appeal held that the full court was competent to inquire into costs occasioned by late settlement under its inherent powers and relevant practice directives. However, it was improper to order costs de boniis propriis against the CEO and Board in the absence of evidence of malice or bad faith, as required by section 15(3) of the Road Accident Fund Act. The Board was not joined to the proceedings and was not afforded an opportunity to be heard, rendering any costs order against it procedurally unfair. The CEO's conduct did not meet the threshold for personal liability. The…

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• Costs De Boniis Propriis
• Road Accident Fund Act
• Joinder
• Judicial Case Management
• Settlement On Trial Day

Sakhikusasa Construction and Projects (Pty) Ltd and Others v CNG Holdings (Pty) Ltd and Others (31804/2021;37732/2021)

Sakhikusasa Construction and Projects (Pty) Ltd and Others v CNG Holdings (Pty) Ltd and Others (31804/2021;37732/2021) [2023] ZAGPJHC 67 (31 January 2023)

Court

South Gauteng High Court, Johannesburg

Case number

31804/2021;37732/2021

Judge

M A Makume

The High Court dismissed an application to file a supplementary affidavit and a Rule 7(1) challenge to attorneys’ authority, awarding costs against the applicants.

• Supplementary Affidavit
• Board Resolutions
• Directors Removal
• Authority Of Attorney
• Rule 7 Application
• Costs De Boniis Propriis

Qhalo v Road Freight & Logistics Industry Provident Fund (36271/16)

Qhalo v Road Freight & Logistics Industry Provident Fund (36271/16) [2018] ZAGPJHC 492 (19 April 2018)

Court

South Gauteng High Court, Johannesburg

Case number

36271/16

Judge

SM Wentzel

The High Court rescinded a costs order because personal costs were not properly sought in the notice of motion, and made no order as to costs.

• Rescission Of Judgment
• Costs De Boniis Propriis
• Notice Of Motion Requirements
• Rescission-of-judgment
• Costs-de-boniis-propriis
• Notice-of-motion

Solane v Commission for Conciliation Mediation And Arbitration (J343/09, 344/09)

Solane v Commission for Conciliation Mediation And Arbitration (J343/09, 344/09) [2010] ZALCJHB 79 (22 June 2010)

Court

Labour Court Johannesburg

Case number

J343/09, 344/09

Judge

Bhoola

Labour Court matter on consolidated BCEA claims, condonation, and costs. The applicant’s claims were dismissed, the counter-claim succeeded, and costs were ordered de bonis propriis.

• Basic Conditions Of Employment Act
• Condonation
• Costs De Boniis Propriis
• Consolidation Of Applications
• Travel Expenses
• Particulars Of Employment

Reuben v Commission for Conciliation, Mediation and Arbitration and Others (343/09, 344/09)

Reuben v Commission for Conciliation, Mediation and Arbitration and Others (343/09, 344/09) [2010] ZALC 105; (2010) 31 ILJ 2980 (LC) (22 June 2010)

Court

Labour Court

Case number

J343/09 and 344/09

Judge

Bhoola

The Labour Court consolidated two BCEA claims, granted condonation, dismissed the employee’s claims, upheld the respondent’s counter-claim, and ordered personal costs against the applicant’s former attorneys.

• Basic Conditions Of Employment Act
• Condonation
• Costs De Boniis Propriis
• Consolidation Of Claims
• Travel Expenses
• Particulars Of Employment

Solave v Commission for Conciliation Mediation and Arbitration and Others (J343/09, 344/09)

Solave v Commission for Conciliation Mediation and Arbitration and Others (J343/09, 344/09) [2010] ZALC 286 (30 May 2010)

Court

Labour Court

Case number

J343/09, 344/09

Judge

Bhoola

The Labour Court consolidated two BCEA claims, granted condonation for a late answering affidavit, dismissed the applicant’s claims, and upheld a R3,358 counter-claim.

• Basic Conditions Of Employment Act
• Condonation
• Costs De Boniis Propriis
• Consolidation Of Claims
• Travel Expenses
• Particulars Of Employment

Tshona v Principal, Victoria Girls High School and Others (039/2006, 39/2006)

Tshona v Principal, Victoria Girls High School and Others (039/2006, 39/2006) [2006] ZAECHC 49; 2007 (5) SA 66 (E) (17 October 2006)

Court

High Courts - Eastern Cape

Case number

2764/2006

Judge

Pickering

The court found that the order of 26 April 2006, granted by consent, set aside only the enforcement decision of 30 March 2006 and not the original suspended expulsion imposed on 14 March 2006. The disciplinary proceedings of 4 September 2006 were held to be procedurally and substantively fair, with adequate notice and opportunity for participation provided to the applicant and her parents, who failed to avail themselves of these opportunities. The applicant's allegations of fabrication and vendetta were rejected as reckless and unsupported by evidence. The applicant and her parents did not ex…

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• School Discipline
• Expulsion From Hostel
• Procedural Fairness
• Review Of Administrative Action
• Costs De Boniis Propriis