South Africa Case Law

Nkosi v MEC of Department of Helath Limpopo Province and Another (J1677/23)

Nkosi v MEC of Department of Helath Limpopo Province and Another (J1677/23) [2025] ZALCJHB 334 (29 July 2025)

Court

Labour Court Johannesburg

Case number

J1677/23

Judge

Mafa-Chali

The court found that the applicant failed to demonstrate a clear right to the salary claimed, as he did not provide evidence of rendering services during the relevant periods and was absent without leave according to attendance registers. The deductions and withholding of salary were made in accordance with departmental circulars and statutory provisions governing unpaid leave and absence. The applicant did not exhaust internal remedies, such as lodging a grievance regarding salary deductions, and alternative remedies under the Labour Relations Act and Basic Conditions of Employment Act were…

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• Mandamus
• Declaratory Order
• Salary Withholding
• Unpaid Leave
• Disciplinary Procedure
• Audi Alteram Partem

Botha v Home Obligors Mortgage Enhanced (33723/15)

Botha v Home Obligors Mortgage Enhanced (33723/15) [2025] ZAGPPHC 653 (11 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

33723/15

Judge

Moila AJ

The High Court dismissed an application for declaratory relief and declared the applicant a vexatious litigant after years of repeated, unsuccessful challenges.

• Declaratory Order
• Vexatious Litigation
• Mortgage Bond Enforcement
• Default Judgment
• Res Judicata
• Vexatious-litigation

South African Police Service Medical Aid Scheme (POLMED) v Sikhala Attorneys Inc and Others (023855/2024)

South African Police Service Medical Aid Scheme (POLMED) v Sikhala Attorneys Inc and Others (023855/2024) [2025] ZAGPPHC 495 (12 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

023855/2024

Judge

Domingo

The High Court declared that a former subcontractor unlawfully represented POLMED and collected funds after the contract ended, and granted an interdict and accounting order.

• Interdictory Relief
• Declaratory Order
• Misrepresentation
• Third Party Recoveries
• Contract Termination
• Interdict

M.W v C.W (2462/2019)

M.W v C.W (2462/2019) [2025] ZANCHC 34 (11 April 2025)

Court

Northern Cape High Court, Kimberley

Case number

2462/2019

Judge

Nxumalo

The court found that the marriage between the plaintiff and the third party was not valid due to non-compliance with the prescribed formalities under the Marriage Act and applicable regulations. The marriage officer lacked authority, and the marriage was never registered with the Department of Home Affairs. The evidence established that the impugned marriage was null and void ab initio, and thus did not affect the validity of the subsequent marriage between the plaintiff and the defendant. The defendant failed to show good cause for condonation of late application for reasons, and the special…

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• Nullity Of Marriage
• Marriage Act Formalities
• Registration Of Marriage
• Declaratory Order
• Accrual System
• Maintenance Claim

MEC for Public Works, Roads and Transport v Willie Web Holdings and Others (1020/2014)

MEC for Public Works, Roads and Transport v Willie Web Holdings and Others (1020/2014) [2025] ZANWHC 57 (17 March 2025)

Court

North West High Court, Mafikeng

Case number

1020/2014

Judge

S Mfenyana

The High Court held the in duplum rule is settled law, refused declaratory relief, and dismissed the application with attorney-and-client costs.

• In Duplum Rule
• Declaratory Order
• Interest On Judgment Debt
• Condonation
• Punitive Costs
• In-duplum-rule

Allcopy Publishers (Pty) Ltd and Others v Phillips (00001/2024)

Allcopy Publishers (Pty) Ltd and Others v Phillips (00001/2024) [2025] ZAGPPHC 209; 2025 (4) SA 523 (GP) (7 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

00001/2024

Judge

GN Moshoana

The Tribunal found that the applicants had established the requirements under section 33(3) of the Copyright Act: they require a licence, the copyright holder refused to grant it, and the circumstances make the refusal unreasonable. The Tribunal held that the refusal by the respondent was an abuse of monopoly rights and that the applicants' claim was well-founded. The ongoing demand from schools, the inability of schools to replace textbooks annually, and the history of collaboration and joint authorship all supported the applicants' entitlement to a compulsory licence. The Tribunal declared…

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• Compulsory Licence
• Copyright Act Section 33
• Refusal To Grant Licence
• Unreasonableness
• Joint Authorship
• Declaratory Order

Mahlangu and Another v Gija Plaza (Pty) Ltd and Others (4622/2020)

Mahlangu and Another v Gija Plaza (Pty) Ltd and Others (4622/2020) [2024] ZALMPPHC 155 (23 October 2024)

Court

Limpopo High Court, Polokwane

Case number

4622/2020

Judge

Naude-Odendaal

The High Court upheld a prescription objection to an application challenging transfer and registration of immovable property, and dismissed the claim with costs.

• Prescription Act
• Rei Vindicatio
• Declaratory Order
• Sale In Execution
• Transfer Of Property
• Prescription-act

Sithelo and Another v Premier of the Eastern Cape Province and Others (2607/2022)

Sithelo and Another v Premier of the Eastern Cape Province and Others (2607/2022) [2024] ZAECMHC 37 (21 May 2024)

Court

Eastern Cape High Court, Mthatha

Case number

2607/2022

Judge

B R Tokota

The application for leave to appeal was dismissed because the grounds of appeal were not clearly and succinctly stated as required by Rule 49. The court found that the application was properly dismissed for undue delay and lack of condonation, as the relief sought, although framed as a declaratory order, was in substance a review and thus subject to the same procedural requirements. The matter was also found to be res judicata, as it involved the same parties and cause of action as previous litigation. The court exercised its discretion regarding costs appropriately, and there were no excepti…

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• Leave To Appeal
• Condonation
• Res Judicata
• Unreasonable Delay Rule
• Declaratory Order

Johannesburg City Parks and Zoo v South African Municipal Workers Union and Another (JS277/17)

Johannesburg City Parks and Zoo v South African Municipal Workers Union and Another (JS277/17) [2024] ZALCJHB 178 (2 May 2024)

Court

Labour Court Johannesburg

Case number

JS277/17

Judge

R Itzkin

The referral by SAMWU and its members has been archived under paragraph 16 of the Practice Manual due to prolonged inactivity, which has the same legal effect as dismissal of the matter. The court is bound by Labour Appeal Court authority that archiving precludes further conduct in the matter unless an application for retrieval is brought and granted. As a result, the merits of the Rule 11 application to dismiss cannot be entertained, and the matter cannot proceed to trial. The appropriate relief is a declaratory order reflecting the archived status, not dismissal. No order as to costs is mad…

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• Practice Manual Archiving
• Rule 11 Application
• Rule 6 Referral
• Declaratory Order
• Jurisdiction
• Dismissal Of Referral

Symes N.O and Others v Harry's Tyres (Pty) Ltd (CIV APP FB 10/2023)

Symes N.O and Others v Harry's Tyres (Pty) Ltd (CIV APP FB 10/2023) [2023] ZANWHC 171 (15 September 2023)

Court

North West High Court, Mafikeng

Case number

CIV APP FB 10/2023

Judge

FMM Reid

The court finds that the appeal has lapsed ex lege in terms of Uniform Rule 49(6)(a) due to the respondent's failure to comply with the prescribed time periods for filing the appeal record and power of attorney. However, the court holds that applications for condonation and reinstatement of the appeal must be determined by the full court hearing the appeal, as expressly provided by Uniform Rule 49(6)(b) and supported by established practice and case law. The application for a declaratory order is therefore futile, as the appeal court retains the power to reinstate the appeal upon good cause s…

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• Uniform Rule 49
• Appeal Lapsing
• Condonation
• Declaratory Order