South Africa Case Law

Jacobs v Minister of Police and Others (16649/2020)

Jacobs v Minister of Police and Others (16649/2020) [2025] ZAGPJHC 579 (6 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

16649/2020

Judge

C.A Read

The court found that the plaintiff's arrest and detention were unlawful, as the police failed to exercise proper discretion and did not provide reasonable grounds for suspicion. The subsequent detention, up to the bail hearing, was also unlawful, as there was no proper judicial consideration of the plaintiff's continued incarceration. The plaintiff's constitutional rights under section 12 were violated, and he suffered significant emotional and reputational harm. The court considered recent case law on damages for unlawful detention and determined that a fair and appropriate award, reflecting…

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• Unlawful Arrest And Detention
• Actio Iniuriarum
• Constitutional Rights Violation
• Damages Assessment
• Bill Of Rights Section 12
• Default Judgment Procedure

Esau v Sujean Property Investments (Pty) Ltd and Another (C61/2022)

Esau v Sujean Property Investments (Pty) Ltd and Another (C61/2022) [2024] ZALCCT 39 (11 September 2024)

Court

Labour Court Cape Town

Case number

C61/2022

Judge

T Gandidze

The Labour Court upheld a Rule 30 objection and set aside an affidavit that improperly attempted joinder, consolidation, and relief against non-parties.

• Irregular Step
• Joinder Of Parties
• Consolidation Of Matters
• Financial Intelligence Centre Act
• Default Judgment Procedure
• Rule-30

Qhamakoane v Road Accident Fund (19131/2020)

Qhamakoane v Road Accident Fund (19131/2020) [2024] ZAGPPHC 795 (12 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

19131/2020

Judge

M Krüger

The court granted a late amendment increasing quantum, held that an ipso facto barred defendant may plead to amended particulars, and postponed default judgment.

• Default Judgment Procedure
• Amendment Of Pleadings
• Notice Of Bar
• Quantum Increase
• Rule 28 Amendment
• Amendment-of-pleadings

Mmadu v Minister of Police (3058/2019)

Mmadu v Minister of Police (3058/2019) [2024] ZANWHC 143 (21 June 2024)

Court

North West High Court, Mafikeng

Case number

3058/2019

Judge

R D Hendricks

The High Court awarded damages for assault and unlawful arrest and detention after the defendant filed no plea and led no evidence.

• Unlawful Arrest
• Unlawful Detention
• Assault
• Damages Quantification
• Default Judgment Procedure
• Unlawful-arrest

Ribombo v Road Accident Fund (1621/2022)

Ribombo v Road Accident Fund (1621/2022) [2024] ZAGPPHC 256 (27 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

1621/2022

Judge

de Vos

The High Court struck out the RAF’s defence for repeated non-compliance with court rules and a court order, and awarded attorney-and-client costs.

• Striking Out Of Defence
• Non Compliance With Court Rules
• Default Judgment Procedure
• Punitive Costs Order
• Civil-procedure
• Strike-out-of-defence

Ramakone and Others v City of Johannesburg and Another (2020/19611)

Ramakone and Others v City of Johannesburg and Another (2020/19611) [2023] ZAGPJHC 916 (15 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2020/19611

Judge

PG Louw

The High Court rescinded an eviction order after finding it was erroneously granted without full consideration of occupiers’ circumstances and alternative accommodation.

• Prevention Of Illegal Eviction Act
• Right To Housing
• Rescission Of Judgment
• Meaningful Engagement
• Just And Equitable Eviction
• Default Judgment Procedure

Spannenberg v Member of the Executive Council, Department of Health, Eastern Cape Province and Another - Application for Rescission (803/2020)

Spannenberg v Member of the Executive Council, Department of Health, Eastern Cape Province and Another - Application for Rescission (803/2020) [2023] ZAECBHC 34 (25 May 2023)

Court

Eastern Cape High Court, Bhisho

Case number

803/2020

Judge

Hartle

The court found that the review order granted on 16 March 2021 was erroneously sought and granted in the absence of the respondents, as it was not legally competent or enforceable. The order required the Department to record uninterrupted service for a period when the applicant's salary was frozen and no pension contributions were made, without any prior legal pronouncement on her entitlement to incapacity leave or salary for that period. The Bargaining Council award did not order payment of salary for the disputed period, and the applicant failed to obtain such relief in the Labour Court. Th…

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• Promotion Of Administrative Justice Act
• State Liability Act
• Rescission Of Judgment
• Incapacity Leave
• Ill Health Retirement
• Default Judgment Procedure

Firstrand Bank Limited t/a Wesbank v Mabotja and Others (2265/2018, 4690/2018, 3681/2018, 2987/2018, 5724/2018, 6162/2018, 5726/2018, 1363/2018, 6160/2018, 6159/2018, 1767/2018)

Firstrand Bank Limited t/a Wesbank v Mabotja and Others (2265/2018, 4690/2018, 3681/2018, 2987/2018, 5724/2018, 6162/2018, 5726/2018, 1363/2018, 6160/2018, 6159/2018, 1767/2018) [2019] ZALMPPHC 13 (19 March 2019)

Court

Limpopo High Court, Polokwane

Case number

2265/2018

Judge

GC Muller

The High Court refused default judgment because the section 129 demand was ambiguous: it mixed cancellation with enforcement, so no clear election was made.

• Default Judgment Procedure
• Instalment Sale Agreement
• National Credit Act
• Lex Commissoria
• Contract Election
• Specific Performance Vs Cancellation

IEMAS Financial Services (Co-operative) Limited v Fieland; IEMAS Financial Services (Co-operative) Limited v Claasen; IEMAS Financial Services (Co-operative) Limited v Kalanie; IEMAS Financial Services (Co-operative) Limited v Sathu; IEMAS Financial Services (Co-operative) Limited v Mkhwanazi; IEMAS Financial Services (Co-operative) Limited v Makatong (18726-2016; 93244-15; 96970-15; 75686-15; 40873-16; 96640-15)

IEMAS Financial Services (Co-operative) Limited v Fieland; IEMAS Financial Services (Co-operative) Limited v Claasen; IEMAS Financial Services (Co-operative) Limited v Kalanie; IEMAS Financial Services (Co-operative) Limited v Sathu; IEMAS Financial Services (Co-operative) Limited v Mkhwanazi; IEMAS Financial Services (Co-operative) Limited v Makatong (18726-2016; 93244-15; 96970-15; 75686-15; 40873-16; 96640-15) [2017] ZAGPPHC 575 (8 September 2017)

Court

North Gauteng High Court, Pretoria

Case number

18726/2016; 93244/15; 96970/15; 75686/15; 40873/16; 96640/15

Judge

E.M. Kubushi

The court held that jurisdiction is properly founded in the High Court where the place of performance of the credit agreements, namely payment into the plaintiff's Centurion account, falls within its jurisdiction. The distinction between High Court and magistrates' court jurisdiction was emphasised: the High Court requires only that the cause arises within its area, not wholly as in the magistrates' court. The delivery of s 129(1) notices outside the jurisdiction is irrelevant for High Court jurisdiction. The plaintiff complied with all procedural requirements under the National Credit Act an…

Source excerpt

• Jurisdiction Of High Court
• Enforcement Of Credit Agreements
• National Credit Act Compliance
• Default Judgment Procedure

ERM Southern Africa (Pty) Ltd v Nkobi (J1393/14)

ERM Southern Africa (Pty) Ltd v Nkobi (J1393/14) [2015] ZALCJHB 331 (30 September 2015)

Court

Labour Court Johannesburg

Case number

J1393/14

Judge

Rabkin-Naicker

The Labour Court dismissed an unopposed default judgment application because the claimed bursary damages were not shown to arise from breach of the employment contract.

• Breach Of Employment Contract
• Jurisdiction Under Bcea
• Damages For Breach
• Default Judgment Procedure
• Breach-of-employment-contract
• Bcea-jurisdiction