South Africa Case Law

Pretoria Educational Centre (Pty) Ltd v City of Tshwane Metropolitan Municipality and Another (008172/2022)

Pretoria Educational Centre (Pty) Ltd v City of Tshwane Metropolitan Municipality and Another (008172/2022) [2025] ZAGPPHC 683 (8 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

008172/2022

Judge

Nthambeleni

The High Court found the City of Tshwane and its municipal manager in contempt for failing to comply with transfer orders, imposed a suspended fine, and awarded costs.

• Contempt Of Court
• Enforcement Of Court Orders
• Urgent Application
• Municipal Governance
• Contempt-of-court
• Court-order-enforcement

Road Accident Fund v Schuurmann Van Den Heever & Slabbert Inc and Others (Appeal) (A300/2024)

Road Accident Fund v Schuurmann Van Den Heever & Slabbert Inc and Others (Appeal) (A300/2024) [2025] ZAGPPHC 530 (28 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

A300/2024

Judges

Neukircher, Collis, Phahlamohlaka

The court found that the RAF's liability to pay the claimants was undisputed, as valid court orders had been granted and not appealed or rescinded. The RAF's refusal to pay the attorneys' trust account was not justified by the alleged fraud, as the implicated director had been dismissed and no disciplinary or curator proceedings were pending against the firm. The Legal Practice Council found no culpability on the part of the remaining directors. The RAF's mandate is to pay compensation as ordered, and it cannot interfere with the attorney-client relationship or circumvent contingency fee agre…

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• Road Accident Fund Act
• Enforcement Of Court Orders
• Section 18 Superior Courts Act
• Attorney Client Relationship
• Costs Orders
• Promotion Of Administrative Justice Act

Perumal v FDE Debt Collection and Another (2025/040411)

Perumal v FDE Debt Collection and Another (2025/040411) [2025] ZAGPJHC 440 (6 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/040411

Judge

Noko

The court found that the first respondent was aware of the court order, having been present when it was granted and having received it via WhatsApp and email. The respondents failed to take reasonable steps to comply with the order, merely notifying the bank rather than demanding the vehicle or seeking further relief from the court. The argument that the order was unclear was rejected, as the order required all reasonable steps to ensure the vehicle's return. The respondents did not discharge the evidentiary burden to show lack of wilfulness or mala fides. The point in limine regarding lack o…

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• Contempt Of Court
• Enforcement Of Court Orders
• Misjoinder
• Service Of Process
• Ius Retentionis

Ngonyama v Kwinana (2018/45883; 2019/40463; 2020/16341)

Ngonyama v Kwinana (2018/45883; 2019/40463; 2020/16341) [2025] ZAGPJHC 461 (6 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2018/45883; 2019/40463; 2020/16341

Judge

L Windell

High Court judgment on joinder, rescission, execution, and company-record access in a long-running shareholding dispute. Joinder and rescission were dismissed; section 161, section 26, and execution relief were granted.

• Companies Act 2008
• Shareholder Disputes
• Joinder Of Parties
• Rescission Of Judgment
• Beneficial Ownership
• Enforcement Of Court Orders

Van As and Others v Sibidi and Others (B2/2024)

Van As and Others v Sibidi and Others (B2/2024) [2025] ZAGPPHC 183 (24 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

B2/2024

Judge

Strijdom

The High Court found the respondents in further breach of a contempt-related court order and brought a six-month suspended sentence into effect.

• Contempt Of Court
• Enforcement Of Court Orders
• Urgent Application
• Locus Standi
• Breach Of Court Order
• Contempt-of-court

8 Mile Investments 120 (Pty) Limited v City of Ekurhuleni Metropolitan Municipality and Another (098237/2023)

8 Mile Investments 120 (Pty) Limited v City of Ekurhuleni Metropolitan Municipality and Another (098237/2023) [2025] ZAGPJHC 169 (21 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

098237/2023

Judge

WJ du Plessis

The High Court refused a postponement and enforced a prior municipal resolution requiring transfer of property to the applicant, with attorney-and-client costs.

• Municipal Property Transfer
• Specific Performance
• Enforcement Of Court Orders
• Punitive Costs
• Sale Of Land
• Municipal-property-transfer

Thokwana v Standard Bank SA Ltd and Others (2935/2008)

Thokwana v Standard Bank SA Ltd and Others (2935/2008) [2025] ZALCJHB 256 (12 February 2025)

Court

Labour Court Johannesburg

Case number

2935/2008

Judge

Barnes

The High Court dismissed an application to set aside a sale in execution of immovable property and ordered attorney-and-client costs after repeated default and delay.

• Sale In Execution
• Recission Of Judgment
• Punitive Costs
• Default Judgment
• Enforcement Of Court Orders
• Sale-in-execution

M.H.-T v T.M.H.-T (2023/076092)

M.H.-T v T.M.H.-T (2023/076092) [2024] ZAGPJHC 1176 (4 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/076092

Judge

Nieuwoudt

The court found that the respondent admitted non-compliance with the maintenance order and failed to provide credible evidence to rebut the presumption of wilfulness and mala fides. The respondent's explanations were vague, contradictory, and unsupported by documentation. He withheld relevant financial information and failed to take the court into his confidence. The respondent's conduct, including offering a BMW as payment while claiming to have no assets, withdrawing his maintenance application without pursuing available remedies, and failing to explain his monthly expenses, demonstrated in…

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• Spousal Maintenance
• Contempt Of Court
• Enforcement Of Court Orders
• Maintenance Enquiry

T.M.B v M.C.R and Others (358/22)

T.M.B v M.C.R and Others (358/22) [2024] ZAGPPHC 1062 (30 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

358/22

Judge

Mncube

The High Court found the first respondent in contempt for failing to comply with a prior order, and imposed a suspended fine or imprisonment plus punitive costs.

• Civil Contempt Of Court
• Enforcement Of Court Orders
• Settlement Agreement
• Punitive Costs
• Civil-contempt-of-court
• Enforcement-of-court-orders

Quintal (Pty) Ltd v City of Johannesburg and Another (07251/2017)

Quintal (Pty) Ltd v City of Johannesburg and Another (07251/2017) [2024] ZAGPJHC 973 (30 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

07251/2017

Judge

Dlamini

The High Court found the City of Johannesburg in contempt for failing to comply with an earlier order about a water account and granted further unopposed relief.

• Contempt Of Court
• Municipal Services
• Enforcement Of Court Orders
• Water Meter Disputes
• Contempt-of-court
• Municipal-services