South Africa Case Law

Van Zyl v Muller (Reasons) (14435/2024)

Van Zyl v Muller (Reasons) (14435/2024) [2025] ZAWCHC 153 (28 March 2025)

Court

Western Cape High Court, Cape Town

Case number

14435/2024

Judge

Parker AJ

The court found that the applicant failed to prove that the respondent was in willful and mala fide default of the George Regional Court order. The dispute between the parties centered on the interpretation of the order, specifically whether the applicant was entitled to 23.5% of the gross value or net proceeds of the property. The respondent had engaged in negotiations and attempted to settle the amount due, demonstrating substantial compliance with the order. The court held that contempt proceedings were not competent in circumstances where the real issue was the meaning of the order, and t…

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• Civil Contempt Of Court
• Interpretation Of Court Orders
• Property Sharing Agreements
• Enforcement Of Judgments

Bliss Brands (Pty) Ltd v Colgate Palmolive (Pty) Ltd and Others (2024/095598)

Bliss Brands (Pty) Ltd v Colgate Palmolive (Pty) Ltd and Others (2024/095598) [2025] ZAGPJHC 654 (28 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/095598

Judges

Adams, Dippenaar, Botsi-Thulare

Appeal dismissed against an enforcement order under section 18(3) of the Superior Courts Act, after the court found exceptional circumstances and irreparable harm.

• Enforcement Of Judgments
• Exceptional Circumstances
• Irreparable Harm
• Advertising Regulation
• Passing Off
• Balance Of Convenience

Lions Hill Development Company (Pty) Limited and Others v Investec Bank Limited (8491/2022)

Lions Hill Development Company (Pty) Limited and Others v Investec Bank Limited (8491/2022) [2024] ZAWCHC 390 (26 November 2024)

Court

Western Cape High Court, Cape Town

Case number

8491/2022

Judge

M W Janisch

The court found that the applicants had unequivocally acquiesced in the settlement agreements and addenda made orders of court, thereby perempting any right to seek rescission or variation. The applicants benefited from the orders, negotiated further terms, and only challenged the orders when enforcement became imminent. The orders, though incorporating some terms not strictly part of the original action, were entered into within the context of litigation and are not objectionable. The orders are final, clear, and enforceable as judgments, establishing liability for the consolidated debt, cos…

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• Rescission Of Judgment
• Settlement Agreement
• Peremption
• Enforcement Of Judgments
• Special Executability
• Variation Of Court Orders

FSA Transport (Pty) Ltd v Station Commander Cape Town Central Vehicle Crime Investigation Unit South African Police Services and Another (13412/24)

FSA Transport (Pty) Ltd v Station Commander Cape Town Central Vehicle Crime Investigation Unit South African Police Services and Another (13412/24) [2024] ZAWCHC 285 (26 September 2024)

Court

Western Cape High Court, Cape Town

Case number

13412/24

Judge

Le Grange

The court found that the applicant failed to demonstrate exceptional circumstances warranting enforcement of the order pending appeal. The factual matrix differed from Ngqukumba, as the core issue was whether the police acted unlawfully in seizing the truck, which remains unresolved in the pending petition. The applicant did not establish irreparable harm on a balance of probabilities. Even if relief were granted, the police would have an automatic right of appeal under section 18(4) of the Superior Courts Act, resulting in suspension of the order. The application was therefore dismissed.

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• Enforcement Of Judgments
• Suspension Pending Appeal
• Spoliation Order
• Exceptional Circumstances
• Road Traffic Act
• Police Powers

Municipal Workers Retirement Fund v Mafube Local Municipality and 3 Others (2218/2024)

Municipal Workers Retirement Fund v Mafube Local Municipality and 3 Others (2218/2024) [2024] ZAFSHC 272 (5 September 2024)

Court

Free State High Court, Bloemfontein

Case number

2218/2024

Judge

Ramdeyal AJ

The court found that the Municipality had persistently failed to comply with its statutory and constitutional obligations to pay over deducted pension fund contributions to the applicant, despite repeated court orders and substantial equitable share allocations. The Municipality's conduct resulted in severe prejudice to Fund members, undermining their right to social security and the authority of the courts. The respondent's reliance on procedural objections and alternative remedies was rejected as dilatory and unjustified in the circumstances. The court exercised its inherent jurisdiction un…

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• Enforcement Of Judgments
• Pension Fund Contributions
• Municipal Liability
• Court Inherent Jurisdiction
• Promotion Of Access To Information Act

Road Accident Fund v Newnet Properties (Pty) Ltd t/a Sunshine Hospital and Others (2023-070696)

Road Accident Fund v Newnet Properties (Pty) Ltd t/a Sunshine Hospital and Others (2023-070696) [2023] ZAGPPHC 656 (8 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

2023-070696

Judge

E van der Schyff

The High Court dismissed the Road Accident Fund’s urgent application to suspend execution steps, refused a postponement, and ordered punitive costs.

• Writ Of Execution
• Rule 45a
• Punitive Costs
• Urgent Application
• Enforcement Of Judgments
• Rule-45a

E.K v P.K and Others (Leave to Appeal)

E.K v P.K and Others (Leave to Appeal) [2023] ZAGPPHC 257; - (4 April 2023)

Court

North Gauteng High Court, Pretoria

Case number

53105/2021

Judge

M Mojapelo

Leave to appeal was refused after the court held there were no reasonable prospects of success against a contempt finding and conditional incarceration for non-payment of maintenance.

• Maintenance Orders
• Contempt Of Court
• Enforcement Of Judgments
• Maintenance-orders
• Contempt-of-court
• Leave-to-appeal

Utopia Trade and Investments (Pty) Ltd v Stoneridge Investments (Pty) Ltd and Others (D9264/2018)

Utopia Trade and Investments (Pty) Ltd v Stoneridge Investments (Pty) Ltd and Others (D9264/2018) [2022] ZAKZDHC 33 (30 August 2022)

Court

Kwazulu-Natal High Court, Durban

Case number

D9264/2018

Judge

Mathenjwa AJ

The court held that the settlement agreement constitutes a valid compromise, barring the respondents from raising defences based on the alleged invalidity of the original sale and loan agreements. The business rescue plan did not prohibit the sale of the business, and the sale was implemented with the consent of the business rescue practitioner. The respondents only raised the defence of invalidity after the settlement agreement was concluded, and not in the main application. The Shabangu decision is distinguishable, as it dealt with a settlement agreement following an admittedly invalid orig…

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• Settlement Agreement
• Compromise
• Suretyship
• Business Rescue
• Enforcement Of Judgments

Ferreira v Rademeyer (1256/15)

Ferreira v Rademeyer (1256/15) [2021] ZAECPEHC 13 (23 February 2021)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1256/15

Judge

Govindjee

The court held that the service of the original application for specific performance, cancellation, and damages interrupted prescription for the damages claim in terms of section 15(1) of the Prescription Act. The subsequent damages action is based on the same cause of action as the original proceedings, and the judicial interruption of prescription has not lapsed under section 15(2), even though two processes were required to bring the matter to conclusion. The court found that the defendant's argument that the damages claim prescribed three years after the order was inconsistent with the pu…

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• Prescription Act
• Judicial Interruption Of Prescription
• Specific Performance
• Damages For Breach Of Contract
• Declaratory Relief
• Enforcement Of Judgments

Road Accident Fund v Absa Bank Limited and Another (52865/2020)

Road Accident Fund v Absa Bank Limited and Another (52865/2020) [2020] ZAGPPHC 671 (22 October 2020)

Court

North Gauteng High Court, Pretoria

Case number

52865/2020

Judge

D S Fourie

Urgent relief by the Road Accident Fund to suspend execution against its bank accounts was refused for non-joinder and lack of a workable interim payment structure.

• Interim Interdict
• Non Joinder
• Rule 45a
• Urgent Relief
• Enforcement Of Judgments
• Urgent-application