South Africa Case Law

Mthisi v Road Accident Fund (2023/115885)

Mthisi v Road Accident Fund (2023/115885) [2025] ZAGPPHC 402 (8 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023/115885

Judge

R Hawman

The court found that although there was no explicit agreement between the parties for electronic service, the Plaintiff, after receiving the Defendant's Notice of Intention to Defend via electronic mail, did not object to the manner of service and instead took further steps in the proceedings, including serving a Notice of Bar and exchanging further documents electronically. This conduct amounted to acceptance of the electronic service and a waiver of any irregularity. The Defendant's Notice of Intention to Defend was also properly filed by uploading it onto the CaseLines system, in accordanc…

Source excerpt

• Service Of Process
• Notice Of Intention To Defend
• Electronic Service
• Default Judgment
• Uniform Rules Of Court

Phepha MV Security Services v Collins Sebola Financial Services (Pty) Ltd and Others (21375/2020)

Phepha MV Security Services v Collins Sebola Financial Services (Pty) Ltd and Others (21375/2020) [2022] ZAGPPHC 633 (24 August 2022)

Court

North Gauteng High Court, Pretoria

Case number

21375/2020

Judge

de Vos

The applicant's challenge to service is purely legal, not factual. The court finds that service by email was permitted under the Judge President's Directive during the COVID-19 lockdown, and the applicant does not dispute receipt of the application. The Directive does not require agreement for electronic service in urgent matters, nor does Rule 6(12) impose such a requirement. The applicant has not made out a case that service was ineffective or that it did not receive the application. The court exercises its discretion to find that service was effective and legally permissible. There is no f…

Source excerpt

• Service Of Process
• Electronic Service
• Urgent Application
• Condonation
• Rule 42 Rescission
• Covid19 Directives

Simpson v Minister of Justice and Constitutional Development and Others (81791/2018)

Simpson v Minister of Justice and Constitutional Development and Others (81791/2018) [2020] ZAGPPHC 298 (18 June 2020)

Court

North Gauteng High Court, Pretoria

Case number

81791/2018

Judge

J Holland-Muter

Leave to appeal was dismissed after the court found the application defective, academic after amendment, and lacking reasonable prospects of success.

• Exception To Particulars Of Claim
• Leave To Appeal
• Costs Order
• Electronic Service
• Superior Courts Act
• Leave-to-appeal

CMC Woodworking Machinery (Pty) Ltd v Pieter Odendaal Kitchens (2012 (5) SA 604 (KZD);

CMC Woodworking Machinery (Pty) Ltd v Pieter Odendaal Kitchens (2012 (5) SA 604 (KZD); [2012] 4 All SA 195 (KZD)) [2012] ZAKZDHC 104; [2012] ZAKZDHC 44 (3 August 2012)

Court

Kwazulu-Natal High Court, Durban

Case number

6846/2006

Judge

Steyn

The court granted substituted service of a notice via Facebook message, holding that electronic and social media service could be used where conventional service failed.

• Substituted Service
• Electronic Service
• Social Media Service
• Uniform Rules Amendment
• Substituted-service
• Electronic-service