South Africa Case Law

Lawyers for Human Rights v Minister of Home Affairs and Another (14238/21)

Lawyers for Human Rights v Minister of Home Affairs and Another (14238/21) [2025] ZAGPPHC 467 (7 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

14238/21

Judge

E van der Schyff

The court found that it retained jurisdiction to grant the extension of the suspension order, as the order dated 16 January 2025 was not challenged on appeal and remained in force at the time of the extension application. The applicant's contention that the court's authority had lapsed was rejected in light of the unique factual context and the absence of any appeal against the operative order. The court further held that no other court would reach a different conclusion on the grounds of appeal raised, as all relevant issues had been considered and the interests of justice were not compromis…

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• Leave To Appeal
• Court Jurisdiction
• Costs Award
• Biowatch Principle

Changing Tides 74 (Pty) Ltd v City of Johannesburg (40135/20216)

Changing Tides 74 (Pty) Ltd v City of Johannesburg (40135/20216) [2024] ZAGPJHC 927 (4 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

40135/2016

Judge

Mahosi

The Court held that the Commercial Court Directive is subordinate to the Uniform Rules of Court and cannot supplant them. The pleadings filed under the Uniform Rules—summons, particulars of claim, amended particulars of claim, and plea—remain the operative documents for adjudication of the trial. The statement of case and responsive statement required by the Directive serve to advance the matter expeditiously but do not replace the pleadings. The Court found that adjudicating the matter solely on the statement of case and responsive statement would allow the City of Johannesburg to introduce…

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• Commercial Court Directive
• Pleadings
• Damages For Economic Loss
• Municipal Liability
• Practice Directives
• Court Jurisdiction

Ubisi and Another v Road Accident Fund (711/2023)

Ubisi and Another v Road Accident Fund (711/2023) [2024] ZASCA 93 (11 June 2024)

Court

Supreme Court of Appeal

Case number

711/2023

Judges

Mabindla-Boqwana, Molefe, Baartman

The Supreme Court of Appeal held that once parties have settled their dispute, the court's jurisdiction to pronounce on the merits is terminated. The High Court was not obliged to make the settlement agreement an order of court, but it had no power to set it aside when its validity was not challenged. The High Court's adverse findings of fraud and dishonesty against the legal representatives were made without evidence and without affording them a fair hearing, rendering those findings manifestly unjust. The proper course was to make the draft order agreed by the parties an order of court, as…

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• Settlement Agreement
• Road Accident Fund Act
• Court Jurisdiction
• Res Judicata
• Adverse Costs Order

Mambane v Minister of Minerals and Energy and Others (35266/2022)

Mambane v Minister of Minerals and Energy and Others (35266/2022) [2024] ZAGPPHC 465 (13 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

35266/2022

Judge

Potgieter

The High Court granted joinder of three respondents in a delict claim arising from a fatal mining-related incident, but refused a declarator about parallel Mpumalanga proceedings.

• Joinder Of Parties
• Court Jurisdiction
• Prescription
• Lis Alibi Pendens
• Mining Liability
• Wrongful Death

South African Commercial Catering and Allied Workers Union obo Mokebe v Pick and Pay Retailers (Pty) Ltd (JS 636-20)

South African Commercial Catering and Allied Workers Union obo Mokebe v Pick and Pay Retailers (Pty) Ltd (JS 636-20) [2024] ZALCJHB 78 (22 February 2024)

Court

Labour Court Johannesburg

Case number

JS636/20

Judge

M T M Phehane

The Labour Court struck an application for leave to appeal off the roll for want of jurisdiction because no condonation application was filed for late filing.

• Leave To Appeal
• Absolution From The Instance
• Condonation
• Court Jurisdiction
• Leave-to-appeal
• Labour-court-procedure

M.D.M v L.B.M (A5008/2021)

M.D.M v L.B.M (A5008/2021) [2023] ZAGPJHC 960 (25 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A5008/2021

Judge

R. Strydom

The High Court granted an amendment and supplementary affidavit, but held it lacked jurisdiction to dismiss or declare lapsed an appeal already before the Full Court.

• Appeal Lapsing
• Amendment Of Notice Of Motion
• Condonation Application
• Court Jurisdiction
• Practice Directives
• Civil-procedure

Finbond Mutual Bank v Magau and Others (LCC136/2020)

Finbond Mutual Bank v Magau and Others (LCC136/2020) [2023] ZALCC 33; 2024 (3) SA 453 (LCC) (25 August 2023)

Court

Land Claims Court

Case number

LCC136/2020

Judge

Flatela

The Land Claims Court dismissed a third respondent’s counterclaim for damages arising from an allegedly irregular ESTA eviction process.

• Esta Eviction
• Court Jurisdiction
• Irregular Proceedings
• Damages For Suffering
• Counterclaim Procedure
• Esta-eviction

General Industries Workers Union of South Africa and Another v Clover SA (PTY) Ltd and Others (JR 2776/16)

General Industries Workers Union of South Africa and Another v Clover SA (PTY) Ltd and Others (JR 2776/16) [2022] ZALCJHB 229 (16 August 2022)

Court

Labour Court Johannesburg

Case number

JR 2776/16

Judge

Prinsloo

The Labour Court held that the applicants complied with a reinstatement order by emailing the missing record, so the review remained reinstated and the jurisdiction point failed.

• Review Of Arbitration Award
• Reinstatement Of Lapsed Application
• Court Jurisdiction
• Service Of Documents
• Practice Manual Compliance
• Labour-review-applications

AGRICOM Co-op Ltd v ME Cilliers (2126/2019)

AGRICOM Co-op Ltd v ME Cilliers (2126/2019) [2021] ZAFSHC 63 (17 March 2021)

Court

Free State High Court, Bloemfontein

Case number

2126/2019

Judge

Opperman, J

Leave to appeal against a costs order was refused, with the High Court holding there were no reasonable prospects of success.

• Costs Order
• Leave To Appeal
• Court Jurisdiction
• Judicial Discretion
• Leave-to-appeal
• Costs-order

Essack v Resfam Investments CC and Others (81703/2019)

Essack v Resfam Investments CC and Others (81703/2019) [2020] ZAGPPHC 145 (14 April 2020)

Court

North Gauteng High Court, Pretoria

Case number

81703/2019

Judge

N Davis

The High Court dismissed an application to set aside a business rescue and winding-up order, finding no basis to undo the liquidation and awarding costs.

• Business Rescue Proceedings
• Winding Up Order
• Appointment Of Business Rescue Practitioner
• Court Jurisdiction
• Creditor Rights
• Business-rescue