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South Africa decisions
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Lebea v Seromo (2025/030885) [2025] ZAGPJHC 766 (5 August 2025)
The High Court granted an order changing a minor child’s surname and amending the birth registration, holding that lebola payment disputes were irrelevant to the relief sought.
Ramatsetse-Moloi v Shiremane and Others (2025-110223) [2025] ZAGPPHC 770 (1 August 2025)
The High Court struck an urgent application from the roll because the applicant failed to prove urgency, with unresolved executorship and marriage issues left for later proceedings.
Mdunjana v Road Accident Fund (2402/2023) [2024] ZAFSHC 395 (10 December 2024)
The court struck a default judgment application from the roll for procedural defects, including improper service, incorrect dies induciae, and inadequate evidence.
Mphela v Masanabo (2022/2880) [2024] ZAGPPHC 1003 (1 October 2024)
The High Court found the respondent in contempt of a divorce settlement order and imposed a suspended 30-day prison committal conditional on compliance.
P.N and Others v P.N (104659/2022) [2024] ZAGPJHC 924 (18 September 2024)
The High Court held that a surviving spouse may choose cremation over burial. The mother and minor children lacked enforceable rights to stop it.
Simakuhle v Simakuhle and Another (003632/2024) [2024] ZAGPPHC 33 (19 January 2024)
The court found that the applicant failed to establish the requirements for a final interdict, as he did not demonstrate a clear right or irreparable harm. The applicant's reliance on Xhosa tradition and the subordination of women in burial decisions was rejected as unconstitutional and contrary to the principle of equality enshrined in the Constitution. The court affirmed that the deceased's wife, as both a customary and civil law spouse, holds the burial rights and may decide where her late husband is buried. The principle of primogeniture and gender-based discrimination in burial matters n…
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D.M v B2P Funeral Services and Others (2023/071479) [2023] ZAGPJHC 856 (3 August 2023)
Urgent burial dispute over a deceased woman’s final resting place. The court ordered burial in the Eastern Cape and postponed the customary marriage declaration.
Sajini v Road Accident Fund (84816/2016) [2019] ZAGPPHC 245 (25 June 2019)
The High Court awarded the plaintiff R224,747 for loss of support after her husband died in a motor vehicle collision, with costs and interest.
Novela v First and Others (54350/2014) [2017] ZAGPPHC 448 (28 March 2017)
The High Court dismissed an application over a deceased estate property, holding the dispute was barred by res judicata and that the respondents’ version prevailed on the facts.
Mandela v Executors Estate Late Nelson Rolihlahla Mandela and Others (2938/2014) [2016] ZAECMHC 13; [2016] 2 All SA 833 (ECM) (7 April 2016)
The court found that the applicant unreasonably delayed bringing the review application, as a reasonable person in her position would have become aware of the Minister's decision to donate the property to Mr Mandela soon after it was made in 1997. The delay of nearly 17 years far exceeded the statutory period under PAJA and was not satisfactorily explained. The court held that the applicant's ignorance of the decision was not reasonable, given the breakdown of the marital relationship, the divorce proceedings, and the exclusion from the property. The prospects of success on the merits were we…
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