South Africa Case Law

AB Xuma Local Municipality and Another v Kunogqala Local Residents and Others (Leave to Appeal) (4146/2023)

AB Xuma Local Municipality and Another v Kunogqala Local Residents and Others (Leave to Appeal) (4146/2023) [2025] ZAECMHC 41 (27 May 2025)

Court

Eastern Cape High Court, Mthatha

Case number

4146/2023

Judge

A.S Zono

The court found that the applicants failed to demonstrate reasonable prospects of success on appeal. The alleged construction of 500 metres of road was not independently planned or executed by the Municipality, but rather incidental to the bridge project, and no separate appointment was made for the road. The Municipality's Integrated Development Plans did not include the Nogqala road, and there was no evidence of a planning framework for its construction. The argument that the court's order infringed the separation of powers was rejected; the order merely directed the Municipality to take ne…

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• Leave To Appeal
• Structural Interdict
• Separation Of Powers
• Municipal Service Delivery
• Dispute Of Facts

Seponye v Department of Home Affairs and Others (Leave to Appeal) (6035/22)

Seponye v Department of Home Affairs and Others (Leave to Appeal) (6035/22) [2025] ZAGPPHC 304 (17 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

6035/22

Judge

S J R Mogagabe

The High Court dismissed leave to appeal and a cross-appeal, both seeking to challenge a costs order and factual findings on a customary marriage.

• Customary Marriage
• Leave To Appeal
• Costs Award
• Dispute Of Facts
• Leave-to-appeal
• Costs-order

Fritz v Minister of Police and Another (2023/025526)

Fritz v Minister of Police and Another (2023/025526) [2025] ZAGPPHC 45 (20 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023/025526

Judge

Meaden

The High Court dismissed an application challenging border “flagging” of the applicant’s passport and seeking R1 million damages, finding the papers vague and disputes of fact unavoidable.

• Unlawful Detention
• Damages Claim
• Motion Proceedings
• Constitutional Rights Violation
• Dispute Of Facts
• Motion-proceedings

Hlatshwayo and Another v Sebolaishi and Others (20127/2022)

Hlatshwayo and Another v Sebolaishi and Others (20127/2022) [2024] ZAGPJHC 1077 (23 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

20127/2022

Judge

Manamela

The High Court dismissed an opposed motion to stop transfer of property from an estate, finding lack of locus standi, non-joinder, and disputed facts.

• Deeds Registries Act
• Locus Standi
• Interdict Requirements
• Non Joinder
• Dispute Of Facts
• Locus-standi

Fine and Country South Africa (Pty) Ltd v Tradelink Properties (Pty) Ltd (2024/048486)

Fine and Country South Africa (Pty) Ltd v Tradelink Properties (Pty) Ltd (2024/048486) [2024] ZAGPJHC 586 (21 June 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/048486

Judge

Nharmuravate

The court found that the applicant failed to establish urgency, as the urgency was self-created by refusing to arbitrate in accordance with the agreement. The founding affidavit did not set out the breaches with sufficient particularity, relying instead on vague statements and annexed correspondence, which did not amount to pleaded facts. The applicant attempted to supplement its case in reply, which is impermissible except in exceptional circumstances not present here. The lack of detail in the founding papers prevented the respondent from answering the allegations and precluded the court fr…

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• Founding Affidavit Requirements
• Urgent Interdict
• Breach Of Contract
• Intellectual Property Infringement
• Arbitration Clause
• Dispute Of Facts

Muofhe v Dintwe (61891/21)

Muofhe v Dintwe (61891/21) [2024] ZAGPPHC 396 (12 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

61891/21

Judge

E M Kubushi

The court held that the relief sought by the applicant, namely constitutional damages and a declaratory order for alleged breach of statutory duties and violation of constitutional rights, could not be granted in motion proceedings due to material disputes of fact. The respondent's denial of any breach or violation was substantial and could not be resolved on the papers. The applicant should have foreseen the dispute and proceeded by way of action. The court found that, in line with established precedent, compensatory remedies for unliquidated damages require oral evidence or trial, and the a…

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• Constitutional Damages
• Human Dignity
• Right To Privacy
• Dispute Of Facts
• Motion Proceedings
• Declaratory Relief

Parker v Quantum Leap Investments 386 (Pty) Ltd and Another (5766/2023)

Parker v Quantum Leap Investments 386 (Pty) Ltd and Another (5766/2023) [2024] ZAWCHC 74 (6 March 2024)

Court

Western Cape High Court, Cape Town

Case number

5766/2023

Judge

Nziweni

High Court granted a Rule 6(5)(g) referral to trial or oral evidence in a property-sale dispute, finding the factual conflicts were not clearly foreseeable from correspondence alone.

• Referral To Trial
• Dispute Of Facts
• Specific Performance
• Motion Vs Action Proceedings
• Sale Of Immovable Property
• Referral-to-trial

Botha N.O and Others v Lego Boerdery CC and Another (5856/2022)

Botha N.O and Others v Lego Boerdery CC and Another (5856/2022) [2023] ZAFSHC 349 (4 September 2023)

Court

Free State High Court, Bloemfontein

Case number

5856/2022

Judge

Reinders

The court found that the cession agreement between Agri-Com and Land Bank was a cession in securitatem debiti, not an out-and-out cession, based on the wording and intention reflected in clause 6. Therefore, the applicants had locus standi to pursue the claim. However, the respondents raised material disputes of fact regarding the alleged payments and the quantum of the debt, supported by statements of account and evidence of crop deliveries and payments. The applicants failed to provide full statements of account and supporting documentation, and the certificate of balance was unsettled by t…

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• Security Cession
• Locus Standi
• Certificate Of Balance
• Dispute Of Facts
• Suretyship

Majola v Popcru Group of Companies Workers Life (JR2651/12)

Majola v Popcru Group of Companies Workers Life (JR2651/12) [2023] ZALCJHB 164 (25 May 2023)

Court

Labour Court Johannesburg

Case number

JR2651/12

Judge

M Baloyi

The applicant's case was not properly pleaded in the founding affidavit and was inconsistent with the relief sought. The application was brought by way of motion proceedings despite a foreseeable and genuine dispute of facts regarding the respondent's alleged indebtedness. The applicant failed to seek referral to oral evidence, and the respondent provided a substantiated defence. Applying established principles, the court found that the dispute could not be resolved on the papers and that the applicant bore the risk of proceeding by motion. Consequently, the application was dismissed. No cost…

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• Motion Proceedings
• Dispute Of Facts
• Arbitration Award Enforcement
• Reinstatement
• Costs In Labour Matters

Ndabeng v Mccarthy (Pty) Ltd T/A Audi Centre Menlyn (NCT/226533/2022/75(1)(b))

Ndabeng v Mccarthy (Pty) Ltd T/A Audi Centre Menlyn (NCT/226533/2022/75(1)(b)) [2023] ZANCT 10 (13 February 2023)

Court

National Consumer Tribunal

Case number

NCT/226533/2022/75(1)(b)

Judges

A Potwana, Z Ntuli, S Hockey

The Tribunal dismissed a consumer claim over vehicle repairs, finding the respondent’s version more probable on the factual dispute and accepting misuse by the applicant.

• Consumer Protection Act
• Service Quality Standards
• Prescription Of Claims
• Dispute Of Facts
• Warranty On Repairs
• Consumer-protection-act