South Africa Case Law

Minister of Water and Sanitation v Fumile Advisory Services (Pty) Ltd and Others (60250/2018; 86068/2018)

Minister of Water and Sanitation v Fumile Advisory Services (Pty) Ltd and Others (60250/2018; 86068/2018) [2025] ZAGPPHC 748 (18 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

60250/2018; 86068/2018

Judge

LE Grange

The court held that, as a general rule, an order dismissing a claim is equivalent to absolution from the instance, unless the judgment and order clearly indicate a final and determinative ruling on the merits. In this case, the court's previous order and judgment did not constitute a final determination of the substantive rights of the parties. The dismissal of both the Minister's claim and Fumile's counterclaims was based on procedural grounds and evidentiary deficiencies, particularly the failure to prove quantum. The court found that neither party had put their claims on a proper basis, pr…

Source excerpt

• Absolution From The Instance
• Dismissal Of Claim
• Quantum Of Damages
• Final Vs Non Final Judgment

Pillay v Discovery Health (Pty) Limited and Another (8926/2018)

Pillay v Discovery Health (Pty) Limited and Another (8926/2018) [2023] ZAKZDHC 44 (19 July 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

8926/2018

Judge

Mossop

The court dismissed the plaintiff’s claim against the second defendant after finding non-compliance with an earlier order to amend the particulars of claim.

• Amendment Of Pleadings
• Uniform Rule 28
• Exception Procedure
• Condonation
• Dismissal Of Claim
• Amendment-of-pleadings

Braude N.O and Others v Murray In re: Murray v Braude N.O and Others (42542/2018)

Braude N.O and Others v Murray In re: Murray v Braude N.O and Others (42542/2018) [2021] ZAGPJHC 572 (19 October 2021)

Court

South Gauteng High Court, Johannesburg

Case number

42542/2018

Judge

E F Dippenaar

The court granted condonation for late discovery replies, refused dismissal under rule 35(7), and declined to set aside the replies, but ordered the respondent to pay costs.

• Condonation
• Discovery Procedure
• Irregular Step
• Dismissal Of Claim
• Prejudice
• Case Management

Bifawu and Another v Computershare Investor Services Ltd (J1345/04)

Bifawu and Another v Computershare Investor Services Ltd (J1345/04) [2015] ZALCJHB 70 (5 March 2015)

Court

Labour Court Johannesburg

Case number

J1345/04

Judge

Molahlehi

The Labour Court refused to dismiss an unfair dismissal claim for delay, finding both parties contributed to the stalled pre-trial process and justice did not require dismissal.

• Unreasonable Delay
• Dismissal Of Claim
• Pre Trial Procedure
• Judicial Discretion
• Unreasonable-delay
• Dismissal-of-claim

Zulu v Independent News Papers (JS 510/10)

Zulu v Independent News Papers (JS 510/10) [2014] ZALCJHB 504 (10 December 2014)

Court

Labour Court Johannesburg

Case number

JS 510/10

Judge

Molahlehi

The Labour Court refused to dismiss an unfair dismissal claim for unreasonable delay, finding the delay excessive but not warranting the drastic remedy.

• Unreasonable Delay
• Dismissal Of Claim
• Right Of Access To Court
• Unreasonable-delay
• Dismissal-of-claim
• Labour-law

Baldwin Steel and Another v NUMSA and Another (J 5256/00)

Baldwin Steel and Another v NUMSA and Another (J 5256/00) [2011] ZALCJHB 209 (22 March 2011)

Court

Labour Court Johannesburg

Case number

J 5256/00

Judge

R Lagrange

The Labour Court dismissed an unfair dismissal referral after finding excessive, poorly explained delay in prosecuting the case and awarded costs on the dismissal application.

• Unreasonable Delay
• Dismissal Of Claim
• Condonation
• Unfair Dismissal
• Labour-law
• Unreasonable-delay

Karan t/a Karan Beef Feedlot and Another v Randall (JS347/06)

Karan t/a Karan Beef Feedlot and Another v Randall (JS347/06) [2009] ZALC 120; (2009) 30 ILJ 2937 (LC) (22 July 2009)

Court

Labour Court

Case number

JS347/06

Judge

Van Niekerk

The Labour Court refused to dismiss an unfair dismissal claim despite a long delay in filing the pre-trial minute, finding insufficient prejudice and no basis for dismissal.

• Unreasonable Delay
• Dismissal Of Claim
• Case Management
• Pre Trial Procedure
• Automatic Unfair Dismissal
• Unreasonable-delay