South Africa Case Law

School Governing Body: Phaswana Secondary School and Others v Head of the Department, Department of Education, Limpopo Province and Others (18/2020)

School Governing Body: Phaswana Secondary School and Others v Head of the Department, Department of Education, Limpopo Province and Others (18/2020) [2025] ZALMPPHC 67 (25 March 2025)

Court

Limpopo High Court, Polokwane

Case number

18/2020

Judge

Bresler AJ

The High Court granted leave for applicants to file a supplementary founding affidavit after joinder of additional respondents, finding the technical objection overly pedantic.

• Supplementary Affidavit
• Joinder Of Parties
• Court Discretion
• Uniform Rules Of Court Rule 6 5
• Supplementary-affidavit
• Joinder-of-parties

Malebana v Road Accident Fund (27833/2016)

Malebana v Road Accident Fund (27833/2016) [2024] ZAGPPHC 1353 (10 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

27833/2016

Judge

E M Kubushi

The High Court held that Uniform Rule 30A requires a two-step process: first seek compliance, then seek striking out only after non-compliance persists.

• Rule 30a Non Compliance
• Striking Out Of Defence
• Practice Directives
• Court Discretion
• Civil-procedure
• Rule-30a

Honourable Minister of Police v Mkhwankazi (Leave to Appeal) (D9007/2016)

Honourable Minister of Police v Mkhwankazi (Leave to Appeal) (D9007/2016) [2024] ZAKZDHC 68 (23 September 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

D9007/2016

Judge

S Singh

Condonation for late filing was granted, but leave to appeal was refused because the court found no reasonable prospects of success on the interest issue.

• Leave To Appeal
• Condonation
• Prescribed Rate Of Interest
• Judgment Interest
• Court Discretion
• Leave-to-appeal

V.L v M.A.V and Others (B 39322/2022)

V.L v M.A.V and Others (B 39322/2022) [2024] ZAGPPHC 861 (27 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

B 39322/2022

Judge

Swanepoel

Hague Convention child-abduction application dismissed because the child was not habitually resident in Switzerland and the applicant had acquiesced.

• Hague Convention Child Abduction
• Habitual Residence
• Parental Rights And Responsibilities
• Custody Disputes
• International Child Abduction
• Court Discretion

Redpath Africa Limited v Siyakhula Sonke Empowerment Corporation Proprietary Limited and Others (55896/2021,2023/007449)

Redpath Africa Limited v Siyakhula Sonke Empowerment Corporation Proprietary Limited and Others (55896/2021,2023/007449) [2024] ZAGPJHC 766 (31 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

55896/2021,2023/007449

Judge

ML Senyatsi

The High Court dismissed a security-for-costs application, finding a tender of adequate security had been made and that the continued pursuit of the application was abusive.

• Security For Costs
• Peregrinus
• Costs Award
• Punitive Costs
• Court Discretion
• Security-for-costs

Makgato and Another v Local Government Sector Education and Training Authority (21244/18)

Makgato and Another v Local Government Sector Education and Training Authority (21244/18) [2024] ZAGPJHC 639 (15 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

21244/18

Judge

Dlamini

The High Court refused to compel further discovery under Rule 35(7), finding the respondent’s affidavit candid and unsupported by evidence that the documents existed.

• Discovery Affidavit
• Rule 35 Application
• Compel Discovery
• Court Discretion
• Civil-procedure
• Discovery

ABSA Bank Limted v Ursula Felicity Rezant No (2451/2020)

ABSA Bank Limted v Ursula Felicity Rezant No (2451/2020) [2024] ZAECQBHC 36 (23 January 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

2451/2020

Judge

Zilwa

The court held that the defendant failed to bring a formal application for condonation supported by affidavit, as required by Rule 27 of the Uniform Rules. Consequently, the late replying affidavit was not accepted. On the merits of the amendment, the court considered the principles governing amendments to pleadings, including the need for bona fides, absence of irremediable prejudice, and the facilitation of the proper ventilation of disputes. The court found that, despite procedural shortcomings and delay, the interests of justice required that the defendant be granted leave to amend her pl…

Source excerpt

• Amendment Of Pleadings
• Rule 27 Condonation
• Special Plea
• Court Discretion
• Costs Order

Nicholas Yale (Pty) Ltd v National Commissioner: South African Police Services and Others - Reasons for Order (B958/2023)

Nicholas Yale (Pty) Ltd v National Commissioner: South African Police Services and Others - Reasons for Order (B958/2023) [2023] ZAGPPHC 1980 (28 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

B958/2023

Judge

N Nharmuravate

The court found that the applicant was successful in the urgent application, as evidenced by the orders granted by the urgent court. The argument that the urgent application was unnecessary was flawed, since the urgent court had already determined the matter to be urgent and granted the relief sought. The respondent's arguments regarding necessity were based on the merits, which had already been decided by another court and were not properly raised in the present forum. There were no proper grounds advanced by the respondents to deviate from the general rule that a successful party is awarded…

Source excerpt

• Costs Award
• Urgent Application
• Court Discretion

Farber and Others v Kgaboesele NO and Others (2023/028612)

Farber and Others v Kgaboesele NO and Others (2023/028612) [2023] ZAGPJHC 854 (1 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023/028612

Judge

R M Keightley

Leave to appeal was dismissed in a business rescue and liquidation dispute. The court held there was no realistic prospect of success and no compelling reason to appeal.

• Business Rescue
• Liquidation
• Court Discretion
• Punitive Costs
• Interim Interdict
• Declaratory Relief

Farber and Others v Kgaboesele N.O and Others (2023/028612;2023/032790)

Farber and Others v Kgaboesele N.O and Others (2023/028612;2023/032790) [2023] ZAGPJHC 709 (15 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023/028612;2023/032790

Judge

R M Keightley

The High Court held that 266 Bree Street Johannesburg (Pty) Ltd’s business rescue had failed, refused to extend the plan, and placed the company in final liquidation.

• Business Rescue
• Company Liquidation
• Creditor Rights
• Court Discretion
• Breach Of Court Order
• Business-rescue