South Africa Case Law

Bridge Debt (Pty) Ltd and Another v Mothibi (CA&R34/23)

Bridge Debt (Pty) Ltd and Another v Mothibi (CA&R34/23) [2025] ZANCHC 24 (14 March 2025)

Court

Northern Cape High Court, Kimberley

Case number

CA&R34/23

Judges

Mamosebo, Nxumalo

The appeal court found that the magistrate correctly rescinded the judgment and emoluments attachment order as the Kimberley court lacked jurisdiction, given the respondent's residence and employment in Johannesburg and the consent to jurisdiction specifying Pretoria. The court held that all benefits obtained by Bridge Debt under the void judgment are void ab initio and restitution must be effected. However, the appellant, Flemix & Associates Incorporated Attorneys, did not receive rescindable benefits and cannot be held jointly and severally liable for restitution. The cost order against the…

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• Magistrates Court Jurisdiction
• Emoluments Attachment Order
• Consent To Judgment
• Restitution
• Costs Award

Z.E v N.E and Another (10914/2022)

Z.E v N.E and Another (10914/2022) [2023] ZAWCHC 21 (24 January 2023)

Court

Western Cape High Court, Cape Town

Case number

10914/2022

Judge

P. S. Van Zyl

The court held that the first respondent's application for leave to appeal against the Rule 43 interim maintenance order was an irregular step, as such orders are not appealable under section 16(3) of the Superior Courts Act and confirmed by Constitutional Court authority. The respondent's reliance on exceptional circumstances was unsupported by any substantive grounds, and his argument regarding the Talaq and the existence of the marriage was rejected, as the validity of the marriage is a matter for the divorce court. The applicant's urgency and prejudice, particularly regarding the maintena…

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• Rule 43 Interim Maintenance
• Appealability Of Interim Orders
• Contempt Of Court
• Emoluments Attachment Order
• Rule 30 Irregular Step
• Rule 41a Mediation

Cakwebe v Regional Commissioner :DCS (EL 423/2019)

Cakwebe v Regional Commissioner :DCS (EL 423/2019) [2021] ZAECELLC 8 (25 March 2021)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 423/2019

Judge

A. Govindjee

The High Court ordered a public body to release the balance of PAIA records about salary deductions, rejecting the claim that the request was frivolous or vexatious.

• Promotion Of Access To Information Act
• Salary Deductions
• Emoluments Attachment Order
• Statutory Duty To Account
• Promotion-of-access-to-information-act
• Salary-deductions

Linda Cakwere v Regional Commissioner: DCS (EL 423/2019)

Linda Cakwere v Regional Commissioner: DCS (EL 423/2019) [2021] ZAECELLC 9 (25 March 2021)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 423/2019

Judge

A. Govindjee

The High Court ordered disclosure of remaining PAIA records about salary deductions, finding no valid refusal ground was established. Each party was ordered to bear its own costs.

• Promotion Of Access To Information Act
• Emoluments Attachment Order
• Salary Deductions
• Statutory Duty To Account
• Paia
• Access-to-information

Mbilini v Minister of Social Development Susan Shabangu and Others (699/2018)

Mbilini v Minister of Social Development Susan Shabangu and Others (699/2018) [2019] ZAECBHC 20 (10 September 2019)

Court

Eastern Cape High Court, Bhisho

Case number

699/2018

Judge

V NQUMSE

The court found that the applicant initially complied with PAIA by submitting his request to the National Department, given the absence of the Provincial Manual. The National Department's failure to respond within the prescribed period entitled the applicant to lodge an internal appeal. However, once the request was transferred to the Provincial Department and the applicant was furnished with the relevant information, including Emoluments Attachment Orders and salary advices, the need for further pursuit of the appeal and the court application ceased. The court held that the applicant was pro…

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• Promotion Of Access To Information Act
• Internal Appeal Procedure
• Emoluments Attachment Order
• Salary Deductions
• Public Body Information Requests

Dlulane v Twani and Others (459/16; 460/16; 289/16)

Dlulane v Twani and Others (459/16; 460/16; 289/16) [2018] ZAECBHC 9 (7 June 2018)

Court

Eastern Cape High Court, Bhisho

Case number

459/16; 460/16; 289/16

Judges

Plasket, NP Ntlama

High Court review of three consent judgments was dismissed for unreasonable delay and lack of prejudice from the alleged procedural irregularities.

• Review Of Magistrates Court
• Emoluments Attachment Order
• Unreasonable Delay
• Gross Irregularity
• Prejudice Requirement
• Review-of-magistrates-court

Montshiwa v Ditire and Others (UM 39/2018)

Montshiwa v Ditire and Others (UM 39/2018) [2018] ZANWHC 37 (22 March 2018)

Court

North West High Court, Mafikeng

Case number

UM39/2018

Judge

A M Kgoele

Urgent interdict application dismissed for lack of urgency and failure to show no alternative remedy under the Maintenance Act.

• Maintenance Order
• Emoluments Attachment Order
• Urgent Interdict
• Alternative Remedy
• Maintenance-order
• Emoluments-attachment-order

Mudwa v Standard Bank of South Africa Limited (NCT/74947/2017/141(1)(b))

Mudwa v Standard Bank of South Africa Limited (NCT/74947/2017/141(1)(b)) [2017] ZANCT 95 (1 August 2017)

Court

National Consumer Tribunal

Case number

NCT/74947/2017/141(1)(b)

Judges

TA Woker, F Manamela, F Sibanda

The National Consumer Tribunal dismissed an application for leave to refer after an NCR non-referral, citing non-appearance, no pleaded prohibited conduct, lack of jurisdiction, and prescription.

• National Credit Act
• Leave To Refer
• Jurisdiction Of Tribunal
• Prescription
• Emoluments Attachment Order
• National-credit-act

Smith NO v Clerk of the Court, Pietermaritzburg (AR153/2016)

Smith NO v Clerk of the Court, Pietermaritzburg (AR153/2016) [2017] ZAKZPHC 14; 2017 (5) SA 289 (KZP) (31 March 2017)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR153/2016

Judges

Madondo DJP, Ploos van Amstel J

The High Court held that an emoluments attachment order under an administration order must be issued by the court with jurisdiction over the employer.

• Emoluments Attachment Order
• Administration Order
• Magistrates Courts Act
• Judicial Oversight
• Jurisdiction
• Constitutional Validity

Mjongile v Magistrate Zwelitsha and Others (406/16; 407/16)

Mjongile v Magistrate Zwelitsha and Others (406/16; 407/16) [2017] ZAECBHC 22 (23 February 2017)

Court

Eastern Cape High Court, Bhisho

Case number

406/16; 407/16

Judges

I.T. Stretch, D. Van Zyl

The High Court set aside two magistrates’ court judgments by consent, finding gross irregularities and non-compliance with the National Credit Act and court rules.

• Magistrates Court Act Section 58
• National Credit Act Compliance
• Gross Irregularity
• Consent To Judgment
• Emoluments Attachment Order
• Magistrates-court-act