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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 776

Vorster and Another v Bala (Leave to Appeal) (24463/2013)

Vorster and Another v Bala (Leave to Appeal) (24463/2013) [2025] ZAGPJHC 776 (12 August 2025)

The High Court dismissed an application for leave to appeal, finding no reasonable prospects of success and no compelling reason to grant leave.

  • Leave To Appeal
  • Reasonable Prospects Of Success
  • Costs Order
  • Duty Of Care
  • Leave-to-appeal
  • Reasonable-prospects-of-success
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Civil Procedure [2025] ZAGPPHC 785

Makua v Firstrand Bank Limited (First National Bank of Southern Africa Limited) (Reasons on Leave to Appeal) (18093/21)

Makua v Firstrand Bank Limited (First National Bank of Southern Africa Limited) (Reasons on Leave to Appeal) (18093/21) [2025] ZAGPPHC 785 (6 August 2025)

The High Court dismissed an application for leave to appeal, finding no reasonable prospects of success and no compelling reason to hear the appeal.

  • Leave To Appeal Threshold
  • Postponement
  • Costs Order
  • Ombudsman Referral
  • National Credit Act
  • Constitutional Rights
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Civil Procedure [2025] ZAGPJHC 764

Sheriff of High Court, Halfway House v Maepa (21581/2022)

Sheriff of High Court, Halfway House v Maepa (21581/2022) [2025] ZAGPJHC 764 (4 August 2025)

The High Court set aside a prior sale in execution and authorised the Sheriff to resell the immovable property, finding nojoinder and demand objections unpersuasive.

  • Sale In Execution
  • Joinder Of Parties
  • Mora Ex Re
  • Rule 46
  • Costs Order
  • Sale-in-execution
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Labour Law [2025] ZALCJHB 344

Tharisa Minerals (Pty) Ltd v National Union of Mineworkers and Others (2025/051769)

Tharisa Minerals (Pty) Ltd v National Union of Mineworkers and Others (2025/051769) [2025] ZALCJHB 344 (4 August 2025)

The Labour Court discharged an interim interdict against an alleged unprotected strike because the strike had ceased and some workers had been dismissed.

  • Unprotected Strike
  • Interdict
  • Rule Nisi
  • Disciplinary Action
  • Costs Order
  • Unprotected-strike
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Civil Procedure [2025] ZAWCHC 328

Road Accident Fund v McLachlan N.O (5936/2021)

Road Accident Fund v McLachlan N.O (5936/2021) [2025] ZAWCHC 328 (1 August 2025)

The defendant failed to provide a proper explanation for the withdrawal of its admission and did not address the plaintiff's objections, including the risk of injustice and prejudice to the plaintiff. The court found that the application for amendment was not made in good faith and would cause an injustice to the plaintiff that could not be remedied by a costs order. The defendant did not demonstrate entitlement to the amendment, and the application was dismissed.

  • Amendment Of Pleadings
  • Withdrawal Of Admission
  • Prejudice
  • Good Faith
  • Costs Order
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Civil Procedure [2025] ZAGPJHC 757

Rakgwale v Minister of Police and Another (41173/2020)

Rakgwale v Minister of Police and Another (41173/2020) [2025] ZAGPJHC 757 (1 August 2025)

The court found that the Plaintiff's arrest was lawful, as the arresting officer had reasonable grounds to suspect the Plaintiff of committing a Schedule 1 offence (robbery with aggravating circumstances), and the arrest was effected in accordance with section 40(1)(b) of the Criminal Procedure Act. The Plaintiff conceded the lawfulness of the arrest during proceedings. The statement of the arresting officer was admitted into evidence as hearsay under section 3(1)(c) of the Law of Evidence Amendment Act, as its reliability and probative value outweighed any prejudice to the Plaintiff. The Pla…

  • Unlawful Arrest
  • Malicious Prosecution
  • Section 40 Criminal Procedure Act
  • Hearsay Evidence
  • Costs Order
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Civil Procedure [2025] ZAGPPHC 786

National Director of Public Prosecutions v Mogotlane and Others (2023-028928)

National Director of Public Prosecutions v Mogotlane and Others (2023-028928) [2025] ZAGPPHC 786 (1 August 2025)

The High Court dismissed a procedural application to compel under rule 35(12) and confirmed a restraint order against specified defendants and a respondent.

  • Restraint Order
  • Rule 35 Discovery
  • Application To Compel
  • Costs Order
  • Prevention Of Organised Crime Act
  • Rule-35-discovery
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Labour Law [2025] ZALCJHB 323

Modiba v Clicks Retailers (Pty) Ltd and Others (JR986/23)

Modiba v Clicks Retailers (Pty) Ltd and Others (JR986/23) [2025] ZALCJHB 323 (31 July 2025)

The Labour Court reviewed and set aside a dismissal arbitration award after finding a commissioner relied on hearsay and speculation and blocked key witness evidence.

  • Review Of Arbitration Award
  • Condonation
  • Substantive Fairness
  • Hearsay Evidence
  • Remittal
  • Costs Order
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Civil Procedure [2025] ZAGPPHC 787

South African Legal Practice Council v Dube (Leave to Appeal) (23500/2020)

South African Legal Practice Council v Dube (Leave to Appeal) (23500/2020) [2025] ZAGPPHC 787 (31 July 2025)

The High Court refused a legal practitioner’s application for leave to appeal his striking off, holding that he showed no reasonable prospects of success or other compelling reason.

  • Leave To Appeal
  • Striking Off
  • Superior Courts Act
  • Costs Order
  • Leave-to-appeal
  • Striking-off
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Civil Procedure [2025] ZAWCHC 316

Claremart Auctioneers (Pty) Ltd v Van Beuren and Others (18103/2021)

Claremart Auctioneers (Pty) Ltd v Van Beuren and Others (18103/2021) [2025] ZAWCHC 316 (30 July 2025)

High Court stay of execution granted pending leave to appeal, after respondents refused an undertaking and executed a warrant against the applicant.

  • Stay Of Execution
  • Leave To Appeal
  • Costs Order
  • Superior Courts Act
  • Uniform Rules Of Court
  • Stay-of-execution
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.