South Africa Case Law

Choko-Choko and Others v Tharisa Minerals (Pty) Ltd (2025/072040)

Choko-Choko and Others v Tharisa Minerals (Pty) Ltd (2025/072040) [2025] ZALCJHB 233 (19 June 2025)

Court

Labour Court Johannesburg

Case number

2025/072040

Judge

Prinsloo

The Labour Court's jurisdiction to intervene in incomplete disciplinary proceedings is strictly limited to exceptional circumstances, which the applicant failed to establish. The application was moot as the disciplinary hearing had already taken place, and no reasonable apprehension of future harm was demonstrated. The applicant did not satisfy the requirements for an interim interdict, particularly the existence of a prima facie right and irreparable harm. The applicant had alternative remedies available, such as internal appeal and unfair dismissal proceedings. The application was meritless…

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• Interim Interdict
• Jurisdiction Of Labour Court
• Exceptional Circumstances
• Unprotected Strike
• Disciplinary Proceedings
• Costs De Bonis Propriis

Sportscene Mthatha v Myataza (CA121/2024)

Sportscene Mthatha v Myataza (CA121/2024) [2025] ZAECMHC 38 (20 May 2025)

Court

Eastern Cape High Court, Mthatha

Case number

CA121/2024

Judges

M.J. Lowe, M.S. Jolwana, P. Zilwa

Full Bench appeal postponed after an inadequate record wasted judicial time; appellant’s attorneys were ordered to pay wasted costs de bonis propriis.

• Costs De Bonis Propriis
• Attorney Negligence
• Appeal Record Preparation
• Fees Forfeiture
• Costs-de-bonis-propriis
• Appeal-record-preparation

Nelson Mandela Bay Municipality v SAMWU obo Bukula and Others (Application for Leave to Appeal) (PR174/2023)

Nelson Mandela Bay Municipality v SAMWU obo Bukula and Others (Application for Leave to Appeal) (PR174/2023) [2025] ZALCJHB 189 (6 May 2025)

Court

Labour Court Johannesburg

Case number

PR 174/2023

Judge

Prinsloo

The Labour Court dismissed leave to appeal, finding no reasonable prospects of success and holding the underlying order was not final for appeal purposes.

• Leave To Appeal
• Final Judgment
• Costs De Bonis Propriis
• Authority To Act
• Leave-to-appeal
• Labour-court

Livingstone v Nedbank (3066/2019)

Livingstone v Nedbank (3066/2019) [2025] ZAGPPHC 353 (29 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

3066/2019

Judge

JF Grobler

The court set aside an irregular notice of removal, postponed a rescission application sine die, and ordered the applicant’s attorneys to explain possible de bonis propriis costs.

• Rescission Of Judgment
• Default Judgment
• Practice Directives
• Attorney Conduct
• Costs De Bonis Propriis
• Rescission-of-judgment

Magdeline and Others v Indluplace Property Management (Pty) Ltd and Others (022833/2024)

Magdeline and Others v Indluplace Property Management (Pty) Ltd and Others (022833/2024) [2025] ZAGPPHC 366 (23 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

022833/2024

Judge

W Domingo

The court dismissed an application for restoration of utilities and related relief, finding the papers factually unsupported, vague, unenforceable, and misjoined.

• Final Interdict
• Misjoinder
• Costs De Bonis Propriis
• Vague And Ambiguous Relief
• Enforceability Of Orders
• Final-interdict

City Mission trading as Cape Town Mission v City Mission Education Services trading as CMES and Others (Leave to Appeal) (20009/2017)

City Mission trading as Cape Town Mission v City Mission Education Services trading as CMES and Others (Leave to Appeal) (20009/2017) [2025] ZAWCHC 174 (11 April 2025)

Court

Western Cape High Court, Cape Town

Case number

20009/2017

Judge

Van den Berg AJ

The court found that the applicants failed to present any new factual or legal grounds for leave to appeal, merely repeating defences already rejected at trial. There is no reasonable prospect that another court would reach a different conclusion on the evidence or law. The application to stay execution is without merit as no appeal is pending, but the interests of learners require that the execution of the eviction order be suspended until 21 July 2025 to allow for orderly placement in alternative schools. The conduct of Mr van Reenen was found to be unreasonable and reckless, justifying a p…

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• Eviction Of School
• Stay Of Execution
• Leave To Appeal
• Best Interests Of Child
• Costs De Bonis Propriis
• School Registration Regulations

National Union of Metalworkers of South Africa v Metal and Engineering Industries Bargaining Council and Others (Reasons) (JR 1390/20)

National Union of Metalworkers of South Africa v Metal and Engineering Industries Bargaining Council and Others (Reasons) (JR 1390/20) [2025] ZALCJHB 286 (2 April 2025)

Court

Labour Court Johannesburg

Case number

JR1390/20

Judge

M. T. M. Phehane

The Labour Court dismissed a revival application and ordered the applicants’ attorney to pay costs de bonis propriis for non-compliance and delay.

• Condonation
• Review Application
• Practice Manual Compliance
• Delay Explanation
• Costs De Bonis Propriis
• Labour-court-review-applications

L.M.T v Matodzi Neluhleni Attorneys and Others (038394/2025)

L.M.T v Matodzi Neluhleni Attorneys and Others (038394/2025) [2025] ZAGPJHC 356 (26 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

038394/2025

Judge

PJ Du Plessis

The court found that the urgent application was an abuse of process, as the applicant's attorney had received a written undertaking from the respondents that the funds would be paid, eliminating any genuine urgency. The attorney persisted with the application despite this assurance and attempted to manufacture urgency based on the applicant's personal circumstances, which had alternative avenues of redress. The conduct of the attorney materially deviated from professional standards, warranting a punitive costs order de bonis propriis on an attorney and client scale in favour of the first and…

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• Costs De Bonis Propriis
• Abuse Of Urgent Court
• Attorney And Client Costs
• Misconduct By Legal Practitioner

Ndayi v Minister of Police (33/2020)

Ndayi v Minister of Police (33/2020) [2025] ZAECMHC 22 (25 March 2025)

Court

Eastern Cape High Court, Mthatha

Case number

33/2020

Judges

B R Tokota, M Mhambe

The High Court struck a magistrates’ court appeal from the roll for late noting, no security for costs, and no valid substitution after the appellant’s death.

• Magistrates Court Appeal
• Condonation
• Substitution Of Parties
• Costs De Bonis Propriis
• Civil-procedure
• Magistrates-court-appeal

Globustarr Trading CO L.L.C v Mayana Properties Pty Ltd (2021/59389)

Globustarr Trading CO L.L.C v Mayana Properties Pty Ltd (2021/59389) [2025] ZAGPJHC 315; [2025] 3 All SA 160 (GJ); 2025 (4) SA 594 (GJ) (18 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2021/59389

Judge

H A van der Merwe

The court found that Mayana Properties (Pty) Ltd is hopelessly insolvent, with liabilities far exceeding its assets and no active business to rescue. The business rescue application was brought cynically and at the last possible moment to disrupt the liquidation proceedings, and lacked any reasonable prospect of success. The evidence of alleged fraud was unsupported and the respondent's conduct amounted to an abuse of process. Applying the Supreme Court of Appeal's decision in PFC Properties, the court held that section 131(6) of the Companies Act does not suspend liquidation proceedings wher…

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• Company Liquidation
• Business Rescue
• Abuse Of Process
• Creditor Claims
• Section 131 Companies Act
• Costs De Bonis Propriis