South Africa Case Law

Ndimane v Minister of Police and Another (2021/8902)

Ndimane v Minister of Police and Another (2021/8902) [2025] ZAGPJHC 639 (25 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2021/8902

Judge

M V Noko

The court found that the plaintiff's arrest and detention were unlawful, as the defendants failed to provide any justification or evidence to support their actions. The prosecution was malicious, with no reasonable or probable cause established, and the only version before the court was that of the plaintiff. The plaintiff was detained for six months under degrading conditions, and the charges were withdrawn due to lack of evidence. The court considered comparable awards in similar cases and determined that fair compensation for the plaintiff's suffering, loss of dignity, and deprivation of l…

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• Unlawful Arrest
• Unlawful Detention
• Malicious Prosecution
• Damages Quantification
• Constitutional Rights
• Discovery Non Compliance

Anglo American Emea Shared Services (Pty) Ltd and Another v Limpop Propellers CC and Others (899/2020)

Anglo American Emea Shared Services (Pty) Ltd and Another v Limpop Propellers CC and Others (899/2020) [2025] ZAGPJHC 147 (17 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

899/2020

Judge

GC Wright

The High Court removed an application from the roll after the respondent failed to comply with a discovery order. The respondent was ordered to pay wasted costs on scale C.

• Discovery Non Compliance
• Striking Out Defence
• Wasted Costs
• Service Of Documents
• Discovery-non-compliance
• Striking-out-defence

Gcweka and Others v Road Accident Fund (756/2021; 5174/2021; 831/2022)

Gcweka and Others v Road Accident Fund (756/2021; 5174/2021; 831/2022) [2023] ZAECMHC 43 (23 August 2023)

Court

Eastern Cape High Court, Mthatha

Case number

756/2021; 5174/2021; 831/2022

Judge

Tilana-Mabece

The High Court refused to strike out the Road Accident Fund’s defence for non-compliance with discovery orders, finding no proved deliberate contempt.

• Rule 30a Striking Out Defence
• Discovery Non Compliance
• Civil Contempt
• Costs Award
• Rule-30a-strike-out-defence
• Discovery-non-compliance

Brooklyn Edge (Pty) Ltd and Another v City of Tshwane Metropolitan Municipality (37681/2012)

Brooklyn Edge (Pty) Ltd and Another v City of Tshwane Metropolitan Municipality (37681/2012) [2014] ZAGPPHC 891 (12 November 2014)

Court

North Gauteng High Court, Pretoria

Case number

37681/2012

Judge

A/H Bosman

The court found that the defendant failed to provide a reasonable and satisfactory explanation for its default, as well as for its indifferent attitude towards complying with court orders and procedural requirements. The defendant's reliance on hearsay evidence and unsupported allegations did not constitute a bona fide defence with prospects of success. The defendant did not adequately explain the delays or its failure to act after being served with the relevant applications and orders. The requirements for rescission under Rule 31 and the common law were not met, as the defendant's applicati…

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• Rescission Of Judgment
• Default Judgment
• Discovery Non Compliance
• Institution Of Legal Proceedings Against Organs Of State Act
• Prescription
• Specific Performance

De Wet N.O. and Another v Nel (57946/2011)

De Wet N.O. and Another v Nel (57946/2011) [2014] ZAGPPHC 715 (17 September 2014)

Court

North Gauteng High Court, Pretoria

Case number

57946/2011

Judge

C Pretorius

The High Court refused to strike out a defence for discovery non-compliance, but ordered the respondent to pay the costs after delayed compliance with a Rule 35 order.

• Discovery Non Compliance
• Rule 35 Application
• Costs Order
• Civil-procedure
• Discovery-non-compliance
• Rule-35

Anton Killian Inc and Another v Rodel Financial Services (Pty) Ltd (18252 /2011)

Anton Killian Inc and Another v Rodel Financial Services (Pty) Ltd (18252 /2011) [2013] ZAGPJHC 56 (21 February 2013)

Court

South Gauteng High Court, Johannesburg

Case number

18252 /2011

Judge

S Mia

The High Court dismissed an application to condone a late rescission request and to rescind a default judgment, finding no full explanation for default or bona fide defence.

• Rescission Of Judgment
• Condonation
• Wilful Default
• Bona Fide Defence
• Discovery Non Compliance
• Rescission-of-judgment

Saamwerk Soutwerke (Pty) Ltd v Minister of Minerals and Energy and Others (292/07)

Saamwerk Soutwerke (Pty) Ltd v Minister of Minerals and Energy and Others (292/07) [2009] ZANCHC 39 (18 September 2009)

Court

Northern Cape High Court, Kimberley

Case number

292/07

Judge

Majiedt

The High Court refused a postponement request, finding counsel’s unavailability was not enough and the respondents’ procedural complaints were unpersuasive.

• Postponement
• Discovery Non Compliance
• Rule 37 Pre Trial
• Mining Permit Validity
• Discovery-non-compliance
• Rule-37

Stoltenberg v Butler and Others (309/06)

Stoltenberg v Butler and Others (309/06) [2008] ZAWCHC 90 (17 April 2008)

Court

Western Cape High Court, Cape Town

Case number

309/06

Judge

Steyn

The High Court refused a further postponement, finding the applicants had delayed the case and failed to justify their lack of trial preparation.

• Postponement Of Trial
• Attorney Withdrawal
• Discovery Non Compliance
• Administration Of Justice
• Postponement-of-trial
• Civil-procedure

Balkgo's Construction and Another v Greater Temba Representative Council and Others (640/2001)

Balkgo's Construction and Another v Greater Temba Representative Council and Others (640/2001) [2002] ZANWHC 41 (5 December 2002)

Court

North West High Court, Mafikeng

Case number

640/2001

Judge

Mogoeng

The court refused to dismiss the plaintiffs’ action for incomplete discovery, finding the non-compliance not sufficiently wilful or prejudicial to justify the harsh sanction.

• Discovery Non Compliance
• Rule 35 Procedure
• Dismissal Of Action
• Sanctions For Non Compliance
• Civil-procedure
• Discovery