South Africa Case Law

Hendricks v City of Cape Town and Another (12803/2024)

Hendricks v City of Cape Town and Another (12803/2024) [2025] ZAWCHC 344 (13 August 2025)

Court

Western Cape High Court, Cape Town

Case number

12803/2024

Judge

Da Silva Salie

Transnet Limited has a direct and substantial interest in the subject matter of the action, as the dispute over ownership and responsibility for the manhole directly implicates its legal interests. The risk of inconsistent judgments and prejudice to the applicant, particularly regarding the prescription period, necessitates joinder. The denial of liability by Transnet does not negate its interest; rather, the dispute itself underscores the need for its participation. Joinder will not cause undue prejudice to Transnet beyond its involvement in the proceedings, which is inherent in any joinder.…

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• Joinder Of Parties
• Direct And Substantial Interest
• Municipal Liability
• Prescription Period

Mbeki and Another v Calata and Others (005245/2025)

Mbeki and Another v Calata and Others (005245/2025) [2025] ZAGPPHC 753 (1 August 2025)

Court

North Gauteng High Court, Pretoria

Case number

005245/2025

Judge

Millar

The High Court dismissed Thabo Mbeki and Brigitte Mabandla’s bid to intervene, holding they lacked a direct and substantial interest in the main case.

• Intervention Under Uniform Rule 12
• Direct And Substantial Interest
• Commission Of Inquiry
• Constitutional Damages
• Political Interference
• Truth And Reconciliation Commission Cases

Pule and Another v Minister of Police (1575/2023)

Pule and Another v Minister of Police (1575/2023) [2025] ZANWHC 104 (20 June 2025)

Court

North West High Court, Mafikeng

Case number

1575/2023

Judge

T C Mokhare

The court dismissed a joinder application because the NDPP, the party sought to be joined, was not cited, making the application fatally defective.

• Joinder Of Parties
• Malicious Prosecution
• Direct And Substantial Interest
• Joinder-of-parties
• Malicious-prosecution
• Civil-procedure

Amafana-Nkosi Royal Families v Magadla and Others (3802/2021)

Amafana-Nkosi Royal Families v Magadla and Others (3802/2021) [2025] ZAECMHC 67 (19 June 2025)

Court

Eastern Cape High Court, Mthatha

Case number

3802/2021

Judge

Zono

The court dismissed an application by Amafana-Nkosi Royal Families to intervene in a rescission matter, finding they lacked a direct and substantial interest.

• Joinder And Intervention
• Direct And Substantial Interest
• Traditional Leadership
• Legal Personality
• Joinder-and-intervention
• Direct-and-substantial-interest

Those Persons Identified and Unidentified Occupying Erf 95582 v National Minister of Social Development and Others (14732/2024)

Those Persons Identified and Unidentified Occupying Erf 95582 v National Minister of Social Development and Others (14732/2024) [2025] ZAWCHC 251 (19 June 2025)

Court

Western Cape High Court, Cape Town

Case number

14732/2024

Judge

Sipunzi

The court found that the Safe Spaces are operated and funded solely by the City of Cape Town and do not fall within the definition of shelters or community-based services regulated by the Departments of Social Development under the relevant statutes or norms. The impugned rules, including lockout and abstinence conditions, do not trigger any statutory or constitutional obligations of the Departments. The Substance Abuse Act and the Western Cape Government Norms and Standards for Shelters for Homeless Adults do not apply to the Safe Spaces, and any outcome of the litigation would not affect th…

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• Joinder Of Parties
• Direct And Substantial Interest
• Alternative Accommodation
• Eviction Proceedings
• Constitutional Invalidity Of Rules

Koko v Special Investigative Unit and Others (2023/031211)

Koko v Special Investigative Unit and Others (2023/031211) [2025] ZAGPPHC 715 (18 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023/031211

Judge

de Vos

The Court found that Mr Koko failed to establish a direct and substantial legal interest in the subject matter or order of the review proceedings. The order and judgment made no reference to him, imposed no obligations, and did not affect his rights. The authorities cited, including NDPP v Zuma, B Xulu & Partners, Central Energy Fund, Siyangena Technologies, Deputy Public Protector, and Lebea, confirm that reputational harm or adverse allegations in the reasoning do not suffice for intervention. The order operates in rem, binding all parties, but does not entitle uncited parties to intervene…

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• Intervention Application
• Direct And Substantial Interest
• Order In Rem
• Audi Alteram Partem
• Reputational Harm
• Costs Order

Segal N.O. v Levick and Another (2020/0664)

Segal N.O. v Levick and Another (2020/0664) [2025] ZAGPJHC 564 (5 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2020/0664

Judge

Fourie

The court found that Martin Ashley Levick does not have a direct and substantial interest in the outcome of the proceedings, as no relief is sought against him or his insolvent estate. The allegations of fraud against Martin are pleaded as factual background and do not create a legal interest sufficient to warrant joinder. The trustees of Martin's insolvent estate have unequivocally waived their right to be joined and have undertaken to abide by the court's decision. Therefore, neither Martin personally nor his trustees are necessary parties to the proceedings. The application for joinder is…

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• Joinder Of Parties
• Direct And Substantial Interest
• Insolvency Locus Standi

Liberty Fighters Network and Another v Standard Bank of South Africa Limited and Others (46591/2021)

Liberty Fighters Network and Another v Standard Bank of South Africa Limited and Others (46591/2021) [2025] ZAGPJHC 535 (29 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

46591/2021

Judge

Van Aswegen

The applicants failed to establish a direct and substantial interest in the subject matter of the proceedings, as required by Rule 12. Their interest arises from their broader campaign against banking practices and advocacy for reform in legal representation, not from any legal right affected by the breach of the loan agreement at issue. The third respondent did not raise any complaint regarding legal representation and chose to conduct her own defence. The constitutional issues raised by the applicants were not properly canvassed in the summary judgment proceedings and were not accompanied b…

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• Intervention Application
• Direct And Substantial Interest
• Legal Representation
• Rule 12 Uniform Rules
• Section 38 Constitution
• Rule 16a Uniform Rules

Minerals Council of South Africa and Another v Salga and Others (Appeal) (A258/2023)

Minerals Council of South Africa and Another v Salga and Others (Appeal) (A258/2023) [2025] ZAGPPHC 528 (28 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

A258/2023

Judges

GC Wright, Hassim, Ledwaba

The court found that both the Minerals Council and EIUG, based on their allegations, have existing and future rights under agreements with Eskom that are likely to be directly and adversely affected by the relief sought by SALGA in the main application. This constitutes a direct and substantial legal interest, satisfying the test for joinder. The court emphasized that it is not required to determine the correctness of the factual allegations at the intervention stage; it is sufficient that the allegations, if proved, would entitle the applicants to relief. Accordingly, the refusal to join the…

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• Joinder Of Parties
• Direct And Substantial Interest
• Municipal Electricity Reticulation
• Service Delivery Agreements

South African Securitisation Programme (Rf) Limited v Papegaai Liquor Investments (Pty) Ltd and Others (2279/2023)

South African Securitisation Programme (Rf) Limited v Papegaai Liquor Investments (Pty) Ltd and Others (2279/2023) [2025] ZAMPMHC 27 (15 May 2025)

Court

Middelburg High Court, Mpumalanga

Case number

2279/2023

Judge

Phahlamohlaka

The High Court dismissed an application to join a third respondent as defendant, finding no direct and substantial interest and awarding costs against the applicant.

• Joinder Of Parties
• Direct And Substantial Interest
• Point In Limine
• Authority To Depose
• Cession Agreement
• Joinder-of-parties