South Africa Case Law

du Toit v Road Accident Fund (19978/2015)

du Toit v Road Accident Fund (19978/2015) [2025] ZAWCHC 77 (5 March 2025)

Court

Western Cape High Court, Cape Town

Case number

19978/2015

Judge

Pangarker

The court held that, in the absence of an express agreement excluding liability for interest or specifying a different commencement date, section 17(3)(a) of the Road Accident Fund Act applies to the running of interest on compensation awarded in RAF matters. The operative date for interest is 14 days after the date of the court order, not the expiry of any deferred payment period, unless the parties have expressly agreed otherwise. The court distinguished the present case from Dunn v Road Accident Fund and Motaung and Others v Road Accident Fund, noting that in those cases, the parties had a…

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• Road Accident Fund Act
• Prescribed Rate Of Interest Act
• Settlement Agreement
• Mora Interest
• Court Order Enforcement

Simon Says Advertising (Pty) Ltd v KG Family Holdings (Pty) Ltd (2085/2019)

Simon Says Advertising (Pty) Ltd v KG Family Holdings (Pty) Ltd (2085/2019) [2024] ZAECQBHC 71 (29 November 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

2085/2019

Judge

Beyleveld

The court ordered the defendant to furnish trial particulars by 3 December 2024, failing which it must show cause why its plea should not be struck out.

• Rule 21 Trial Particulars
• Striking Out Of Plea
• Court Order Enforcement
• Double Barrelled Approach
• Costs Award
• Amendment Of Pleadings

Road Accident Fund v Kruger and Co and Others (16980/2021)

Road Accident Fund v Kruger and Co and Others (16980/2021) [2024] ZAWCHC 234 (3 September 2024)

Court

Western Cape High Court, Cape Town

Case number

16980/2021

Judge

Thulare

The High Court refused RAF’s stay-of-execution application and held RAF’s attorneys liable for costs caused by delay in delivering the reasons request and file.

• Stay Of Execution
• Court Order Enforcement
• Costs Order
• Practice Directive Compliance
• Stay-of-execution
• Court-order-enforcement

Mambafula v Alfred Nzo District Municipality (3264/2024)

Mambafula v Alfred Nzo District Municipality (3264/2024) [2024] ZAECMHC 67 (20 August 2024)

Court

Eastern Cape High Court, Mthatha

Case number

3264/2024

Judge

Zono AJ

The court found that the order granted on 10 July 2024 by Brooks J is an interlocutory order not having the effect of a final judgment. In terms of section 18(2) of the Superior Courts Act, such an order is not suspended by the filing of an application for leave to appeal. The respondent is constitutionally obliged to obey the order pending the finalization of the review application in Part B. The application for extension of the order was unnecessary, as the law already provides that interlocutory orders remain operational unless the court orders otherwise. No party is entitled to costs, as…

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• Interlocutory Orders
• Superior Courts Act Section 18
• Court Order Enforcement
• Constitutional Obligation To Obey Orders

Keystone Worx (Pty) Ltd v Cown N.O and Others (006243/2023)

Keystone Worx (Pty) Ltd v Cown N.O and Others (006243/2023) [2024] ZAGPPHC 29 (10 January 2024)

Court

North Gauteng High Court, Pretoria

Case number

006243/2023

Judge

Ntlama-Makhanya

The High Court removed the matter from the opposed motion roll, holding that the parties must first pursue the arbitration ordered by court consent.

• Removal From Roll
• Arbitration Agreement
• Commercial Arbitration
• Court Order Enforcement
• Removal-from-roll
• Arbitration

Makgoba and Others v MEC for Health Limpopo and Another (J 1806/2017)

Makgoba and Others v MEC for Health Limpopo and Another (J 1806/2017) [2023] ZALCJHB 336 (28 November 2023)

Court

Labour Court Johannesburg

Case number

J 1806/2017

Judge

Norton

The Labour Court discharged a contempt rule nisi, finding the respondents had shown a genuine intent to appeal and had not acted wilfully or mala fide.

• Contempt Of Court
• Leave To Appeal
• Condonation
• Court Order Enforcement
• Contempt-of-court
• Leave-to-appeal

Mlotshwa and Another v Gadshill and Another (LCC 2016/282)

Mlotshwa and Another v Gadshill and Another (LCC 2016/282) [2023] ZALCC 31 (25 August 2023)

Court

Land Claims Court

Case number

LCC 2016/282

Judge

Spilg

The Land Claims Court found the settlement terms had been complied with and made the Draft Consent Order an order of court to close the file.

• Labour Tenancy Claims
• Settlement Agreement
• Court Order Enforcement
• Land Reform Labour Tenants Act
• Land-claims-court
• Settlement-agreement

MEC for the Department of Education, Eastern Cape and Another v Mxoli (729/2017)

MEC for the Department of Education, Eastern Cape and Another v Mxoli (729/2017) [2023] ZAECBHC 12 (20 June 2023)

Court

Eastern Cape High Court, Bhisho

Case number

729/2017

Judge

T.V. Norman

The court held that Ms Mxoli is not entitled to payment of arrear salary prior to reporting for duty and completing the necessary administrative steps for reinstatement. The obligation to report for duty rests with the employee, and the contract of employment is only revived upon actual tender of services. Ms Mxoli's refusal to report for duty, despite multiple opportunities and agreed court orders, precludes her from claiming arrear salary. The court cannot condone her failure to report for duty, as this would not restore her employment status or entitle her to remuneration. The application…

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• Reinstatement
• Arrear Salary
• Employment Contract Restoration
• Condonation Of Non Compliance
• Court Order Enforcement

Absa Trust Ltd N.O obo FX Mbenze Trust v Road Accident Fund (30152/2021)

Absa Trust Ltd N.O obo FX Mbenze Trust v Road Accident Fund (30152/2021) [2022] ZAGPPHC 869 (16 November 2022)

Court

North Gauteng High Court, Pretoria

Case number

30152/2021

Judge

Khwinana

The High Court ordered the Road Accident Fund to pay trust administration and security bond costs, plus interest and attorney-client costs, under a prior section 17(4)(a) undertaking.

• Road Accident Fund Act
• Trust Administration Costs
• Section 17 4 A Undertaking
• Punitive Costs
• Bond Of Security
• Court Order Enforcement

Samancor Chrome Limited v Bila Civil Contractors (Pty) Ltd and Others (159/2021)

Samancor Chrome Limited v Bila Civil Contractors (Pty) Ltd and Others (159/2021) [2022] ZASCA 154 (7 November 2022)

Court

Supreme Court of Appeal

Case number

159/2021

Judges

Petse, Zondi, Hughes, Mabindla-Boqwana, Daffue

The Supreme Court of Appeal found that the directors were properly joined and notified of the contempt relief sought, having received the notice of motion and had time to seek legal counsel. The respondents failed to provide credible evidence to rebut the allegations of non-compliance with the court order. The evidence established that Bila's operations exceeded the scope of its prospecting right and continued in breach of the interdict, with no substantive engagement or records provided to justify their conduct. The defence of reliance on legal advice was found to be contrived and unsupporte…

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• Contempt Of Court
• Mining Rights
• Joinder Of Parties
• Prospecting Vs Mining
• Court Order Enforcement