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South Africa decisions
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Zungane v Road Accident Fund (84985/17; 80916/15; 63951/21; 18482/22; 9321/22; 33973/21; 39494/2021) [2025] ZAGPPHC 694 (1 July 2025)
The court dismissed multiple RAF interlocutory applications as abusive attempts to convert trial matters into default judgments.
M.G.K v M.J.K (2024/074608) [2025] ZAGPPHC 535 (23 May 2025)
The High Court dismissed an application to compel discovery under Rule 35(14), holding the requested documents were not shown to be essential for pleading.
Afadzi v City of Ekurhuleni Metropolitan Municipality and Others (2020/18095) [2025] ZAGPJHC 506 (23 May 2025)
High Court dismissed an application to compel further discovery, finding the respondents had substantially complied with Rule 35(3) by stating the documents were not in their possession.
Tuswa v Minister of Police and Another (2014/44510) [2025] ZAGPJHC 507 (22 May 2025)
The High Court dismissed an application to strike out a defence, finding the respondent had complied with Rule 35(3) by swearing the requested SAP 15 document did not exist.
N.B v R.B (38752/2016) [2025] ZAGPJHC 523 (29 April 2025)
The High Court compelled discovery under rule 35(7), rejecting a respondent’s attempt to withhold discovery pending an unfiled R100 000 payment claim.
Mulaudzi v Motsepe (40978/19) [2025] ZAGPJHC 389 (22 April 2025)
The High Court dismissed an application to compel discovery in a defamation suit, finding the requested financial and phone records irrelevant to the pleaded issues.
MP Border Trading (Pty) Ltd v Tiger Brands International Ltd (045013/22) [2025] ZAGPJHC 400 (25 March 2025)
The High Court held Rule 35(14) can be used after plea if justified, ordering production of a specified bank statement but not VAT returns.
Ewels v Francis and Others (Leave to Appeal) (6497/2022) [2025] ZAWCHC 113 (17 March 2025)
The High Court dismissed leave to appeal against an interlocutory discovery order, finding no appealability and no reasonable prospects of success.
Dell v Pretorious (A2024/031453, A2024/029096, A2024/030656, A2024/030263) [2025] ZAGPJHC 77 (23 January 2025)
The High Court dismissed an appeal against four magistrates’ court interlocutory orders for non-compliance with procedural rules and mootness.
Ewels v Francis and Others (6497/2022) [2024] ZAWCHC 384 (21 November 2024)
The court found that the First Defendant failed to establish a reasonable basis for the existence of the documents sought in the Rule 35(3) notice. The requests were overbroad, vague, and lacked the required specificity and relevance to the pleaded issues. The Plaintiff had already discovered all documents in his possession relevant to the dispute, and his affidavit to that effect was accepted as conclusive. The court held that the discovery process is not intended to enable fishing expeditions or to compel parties to undertake the impossible. Requests for documents relating to the Plaintiff'…
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