South Africa Case Law

Pule v Health Professions Council of South Africa (Reasons) (JS465/19)

Pule v Health Professions Council of South Africa (Reasons) (JS465/19) [2025] ZALCJHB 280 (12 February 2025)

Court

Labour Court Johannesburg

Case number

JS465/19

Judge

M T M Phehane

The respondent's application for postponement was bona fide and made as soon as it became aware of its witness's unavailability. The respondent communicated promptly with the applicant and sought agreement, which was refused without substantive explanation. The absence of the respondent's only material witness would interfere with the completion of the trial and result in unfairness. Rule 33 of the Labour Court Rules prohibits commencement of trial under such circumstances. The prejudice to the respondent if postponement were refused would be greater than any prejudice to the applicant, espec…

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• Postponement Of Trial
• Material Witness Unavailability
• Prejudice In Postponement
• Rule 33 Labour Court
• Costs Of Postponement

Key Results Properties (Pty) Ltd and Another v Kgoele (Leave to Appeal) (94127/2016; 64481/2017)

Key Results Properties (Pty) Ltd and Another v Kgoele (Leave to Appeal) (94127/2016; 64481/2017) [2024] ZAGPPHC 943 (26 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

94127/2016; 64481/2017

Judge

J.T Leso

The High Court refused leave to appeal, finding no reasonable prospects of success. The applicants’ grounds were overly broad and lacked particularity.

• Leave To Appeal
• Rescission Of Eviction Order
• Cancellation Of Property Transfer
• Deeds Registries Act
• Costs Of Postponement
• Leave-to-appeal

Cooper N.O and Another v Matjhabeng Local Municipality and Another (4733/2023)

Cooper N.O and Another v Matjhabeng Local Municipality and Another (4733/2023) [2024] ZAFSHC 93 (22 March 2024)

Court

Free State High Court, Bloemfontein

Case number

4733/2023

Judge

Buys, AJ

The court found that the first respondent did not comply with the settlement agreement, as payment was made into an account not nominated by Oxy Trading or its executor. The settlement agreement expressly required payment into the trust account of the executor, and neither Major Issues Trading 501 CC nor the second respondent was authorised to receive payment on behalf of the applicants. The first respondent's reliance on payment into the incorrect account was untenable, and its defence lacked merit. The applicants established their entitlement to the outstanding R5,000,000.00, interest, and…

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• Settlement Agreement Enforcement
• Payment Of Debt
• Mandate To Receive Payment
• Breach Of Contract
• Costs Of Postponement

Moholoholo Development (Pty) Ltd v City of Tshwane Metropolitan Municipality and Another (57383/2021)

Moholoholo Development (Pty) Ltd v City of Tshwane Metropolitan Municipality and Another (57383/2021) [2024] ZAGPPHC 21 (8 January 2024)

Court

North Gauteng High Court, Pretoria

Case number

57383/2021

Judge

Marumoagae

The High Court postponed an eviction application sine die pending a review of the tender award and ordered the applicant to pay the postponement costs.

• Eviction Proceedings
• Right To Housing
• Municipal Obligations
• Pie Act
• Costs Of Postponement
• Review Of Tender Award

Eskom Holdings SOC Limited v National Union of Mineworkers and Others (JR701/18)

Eskom Holdings SOC Limited v National Union of Mineworkers and Others (JR701/18) [2023] ZALCJHB 293 (15 September 2023)

Court

Labour Court Johannesburg

Case number

JR701/18

Judge

M T M Phehane

The Labour Court postponed a review application sine die because the court record was incomplete and inconsistent, and ordered Eskom to pay wasted costs.

• Review Of Arbitration Award
• Incomplete Court Record
• Costs Of Postponement
• Labour-law
• Review-application
• Court-record

A.J.B v I.B (115/2019)

A.J.B v I.B (115/2019) [2021] ZAFSHC 165 (19 August 2021)

Court

Free State High Court, Bloemfontein

Case number

115/2019

Judge

G.J.M. Wright

The High Court held that the plaintiff must pay the costs occasioned by a divorce trial postponement after his attorney tested positive for Covid-19.

• Divorce Postponement
• Costs Of Postponement
• Best Interests Of Children
• Covid 19 Trial Disruption
• Divorce-postponement
• Costs-of-postponement

Pick 'n Pay (Bloemgate) v Rampai NO and Others (JR108/15)

Pick 'n Pay (Bloemgate) v Rampai NO and Others (JR108/15) [2018] ZALCJHB 132 (28 March 2018)

Court

Labour Court Johannesburg

Case number

JR108/15

Judge

Lagrange

Labour Court set aside a CCMA award after finding the arbitrator wrongly failed to deal with a postponement request to call a crucial witness on a cash shortage dispute.

• Review Of Arbitration Award
• Procedural Fairness
• Gross Negligence
• Disciplinary Code
• Reinstatement
• Costs Of Postponement

Manaka v South African National Council for the Blind (JS83/14)

Manaka v South African National Council for the Blind (JS83/14) [2018] ZALCJHB 91 (6 March 2018)

Court

Labour Court Johannesburg

Case number

JS83/14

Judge

Lagrange

The Labour Court ordered the applicant’s former attorneys to pay wasted costs after their late withdrawal caused a trial postponement.

• Costs Of Postponement
• Withdrawal Of Attorneys
• Trial Preparation
• Wasted Costs
• Wasted-costs
• Costs-order

Afriforum (Non-Profit Company) and Others v Nelson Mandela Bay Metropolitan Municipality and Others (4556/2015)

Afriforum (Non-Profit Company) and Others v Nelson Mandela Bay Metropolitan Municipality and Others (4556/2015) [2016] ZAECPEHC 29 (29 June 2016)

Court

Eastern Cape High Court, Port Elizabeth

Case number

4556/2015

Judge

N G Beshe

The court postponed a judicial review because the application had been set down prematurely under Rule 53. Applicants were ordered to pay the postponement costs.

• Uniform Rule 53
• Review Proceedings
• Premature Set Down
• Forensic Audit
• Costs Of Postponement
• Rule-53

Truvelo Manufacturers (Pty) Ltd v Rojean and Others (59301/2014)

Truvelo Manufacturers (Pty) Ltd v Rojean and Others (59301/2014) [2014] ZAGPPHC 712 (17 September 2014)

Court

North Gauteng High Court, Pretoria

Case number

59301/2014

Judge

EM Kubushi

The court reserved costs of postponement and interim relief in a restraint-of-trade urgent application, holding those issues should be decided with urgency first.

• Restraint Of Trade
• Urgent Interdict
• Costs Of Postponement
• Restraint-of-trade
• Urgent-applications
• Costs-of-postponement