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South Africa decisions
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TBP Building and Civils (Pty) Ltd (In Liquidation) v Shamla Chetty t/a Nationwide Electrical and Others (D4774/2019) [2025] ZAKZDHC 46 (17 July 2025)
The High Court upheld a bank-account attachment for costs, but modified it to reflect set-off between the parties’ taxed bills.
Jordaan and Another v National Director of Public Prosecutions and Others (5833/2023; 5325/2023) [2025] ZAMPMBHC 52 (11 June 2025)
The High Court dismissed an application to release restrained funds for legal and living expenses under POCA, finding inadequate disclosure and unmet jurisdictional requirements.
Tibshraeny v Tibshraeny (5299/2024) [2025] ZAWCHC 248 (2 June 2025)
The Court held that the respondent's incapacity, as declared under Rule 57, extends to all faculties requiring sound judgment, including the ability to instruct legal representatives. The appointment of a curator ad litem is functional and not ceremonial; the curator is authorised to act in the respondent's best interests and to obtain further medical reports if necessary. Any application or notice filed without the curator's involvement lacks legal standing. The application for postponement was found to be an attempt to relitigate an issue already determined, with no new medical evidence pre…
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M.S.N (8637/2023P), Ex parte [2025] ZAKZPHC 38 (27 March 2025)
The court found that the patient suffers from major depressive disorder with psychomotor retardation, has been hospitalised twelve times for depressive episodes, and attempted suicide five times. Medical evidence from Dr Meyer and Ms Styles demonstrates compromised conative function, rendering the patient incapable of managing her own affairs. The court held that, although the initial application did not strictly comply with Rule 57(3), the requirements were properly dispensed with by the initial judge due to special circumstances. The curatrix ad litem's report and supporting affidavits subs…
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Docrati NO obo Naidoo v Road Accident Fund (07136/2013) [2025] ZAGPJHC 86 (3 February 2025)
High Court RAF damages case awarding R850,000 for general damages after a road collision, with the plaintiff’s amendment allowed and costs awarded.
Masoanganye N.O v Nedbank Limited and Others (2024/089403) [2025] ZAGPPHC 47 (27 January 2025)
The court found that, following the variation of the forfeiture order, both the capital amount and the accrued interest on the R35 million vested in the State. The forfeiture order did not create a debtor-creditor relationship between the curator (representing the State) and the DRC, and thus no debt existed that could be attached under rule 45(12). The DRC had no claim against the curator, and the assets were not subject to execution by the tenth respondent. The provisions of POCA make clear that forfeiture is to the State, not to any other party, and any rights not exercisable by the State…
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Kriel v Road Accident Fund (Leave to Appeal) (4477/2021) [2024] ZAGPJHC 1230 (28 November 2024)
The High Court refused leave to appeal in a Road Accident Fund matter, finding the applicant had not met the section 17 threshold.
Cassim N.O v Ndlovu and Others (GP19/2021) [2024] ZAST 8 (5 November 2024)
The Special Tribunal held Mr Ndlovu in contempt for failing to comply with a forfeiture order, and dismissed rescission applications by Akanni and Zaisan.
Sauer v Pollock NO and Others (2024/107486) [2024] ZAGPJHC 1079 (24 October 2024)
Urgent application struck off where the challenged will was already rejected by the Master, and no basis was shown to set aside the executrix appointment.
SB Ngento Attorneys v Mbiza obo Mbiza (082843/2024) [2024] ZAGPJHC 956 (20 September 2024)
The High Court struck an urgent reconsideration application from the roll, finding no urgency, no proper response to the ex parte papers, and no proof of hardship.
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