South Africa Case Law

Department of Agriculture Land Reform and Rural Development: Director General v Barolong Boo Maiketso Communal Property Association and Others (Leave to Appeal) (UM262/2023)

Department of Agriculture Land Reform and Rural Development: Director General v Barolong Boo Maiketso Communal Property Association and Others (Leave to Appeal) (UM262/2023) [2025] ZANWHC 141 (11 August 2025)

Court

North West High Court, Mafikeng

Case number

UM262/2023

Judge

Dibetso-Bodibe

The High Court refused leave to appeal against its earlier ex parte reconsideration order, finding no reasonable prospects of success.

• Leave To Appeal
• Locus Standi
• Ex Parte Orders
• Communal Property Association Act
• Motion Proceedings
• Leave-to-appeal

Merchant Commercial Finance 1 (PTY) Limited v Berlex 96 CC (2022/17020)

Merchant Commercial Finance 1 (PTY) Limited v Berlex 96 CC (2022/17020) [2025] ZAGPJHC 205; [2025] 2 All SA 570 (GJ) (3 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/17020

Judge

D Marais

The court found that the applicant failed to make out a case for ex parte relief, as the urgency and imminent liquidation were based on unsubstantiated allegations and conjecture. The applicant did not provide documentary or credible evidence of threats of liquidation by other creditors, nor did it justify deviation from normal court procedures. The applicant also failed in its duty of full and frank disclosure by not informing the court of the prior order, the subsequent return of assets to the respondent, and its lack of entitlement to enforce unregistered bonds. These non-disclosures were…

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• Ex Parte Orders
• Perfecting Notarial Bonds
• Parate Executie
• Full And Frank Disclosure
• Urgent Applications
• Suretyship Liability

Department of Agriculture, Land Reform and Rural Development: Director General v Barolong Boo Maiketso Communal Property Association and Others (UM262/2023)

Department of Agriculture, Land Reform and Rural Development: Director General v Barolong Boo Maiketso Communal Property Association and Others (UM262/2023) [2024] ZANWHC 230 (11 September 2024)

Court

North West High Court, Mafikeng

Case number

UM262/2023

Judge

Dibetso-Bodibe

The court set aside an ex parte interim order freezing a CPA’s bank accounts, finding the applicant had not substantiated the allegations or justified urgent ex parte relief.

• Communal Property Association Act
• Ex Parte Orders
• Urgent Interdict
• Fiduciary Duties Of Executive Committee
• Audi Alteram Partem
• Costs Orders

M.P v Mosadi and Another (4349/24)

M.P v Mosadi and Another (4349/24) [2024] ZAMPMBHC 61 (4 September 2024)

Court

Mbombela High Court, Mpumalanga

Case number

4349/24

Judge

Mazibuko

Urgent High Court matter setting aside a Children’s Court ex parte order and restoring the children to the applicant pending further inquiry.

• Primary Care Of Minor Children
• Ex Parte Orders
• Urgent Interdict
• Best Interests Of Child
• Review Of Magistrates Order
• Family-law

Rustenburg Local Municipality and Others v OS Holdings (Pty) Ltd (2358/2024)

Rustenburg Local Municipality and Others v OS Holdings (Pty) Ltd (2358/2024) [2024] ZANWHC 188 (17 July 2024)

Court

North West High Court, Mafikeng

Case number

2358/2024

Judge

S Mfenyana

The court found that the applicant failed to disclose material facts, specifically the answering affidavit from the previous urgent application where urgency was disputed and found lacking. The grounds for urgency in the present application were substantially the same as those previously rejected. The applicant did not participate in the second tender and thus lacked locus standi to interdict its adjudication. The court held that the ex parte order resulted in an injustice to the respondents and that the jurisdictional prerequisites for reconsideration under Rule 6(12)(c) were satisfied. The…

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• Municipal Tender Process
• Ex Parte Orders
• Urgency In Applications
• Material Non Disclosure
• Rule 6 12 C
• Costs Orders

Mynhardt and Another v Deventer and Others (033896/2023)

Mynhardt and Another v Deventer and Others (033896/2023) [2024] ZAGPPHC 310 (3 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

033896/2023

Judge

MKHABELA

The High Court dismissed leave to appeal against setting aside an ex parte order, finding no merit in the urgency complaint and fatal non-compliance with Rule 57(3)(b).

• Ex Parte Orders
• Rule 6 Urgent Applications
• Leave To Appeal
• Rule 57 Non Compliance
• Leave-to-appeal
• Ex-parte-orders

Kruger v Ithala Soc Ltd (19051/2023)

Kruger v Ithala Soc Ltd (19051/2023) [2024] ZAKZPHC 17 (14 March 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

19051/2023

Judge

Veerasamy AJ

The court found that the applicant failed to establish a factual basis for proceeding ex parte and urgently, as the founding affidavit did not set out specific facts justifying the absence of notice to the respondent. The applicant did not disclose material facts regarding the Pretoria order and the settlement discussions with the Prudential Authority, which were relevant to the scope of his powers and the relief sought. The absence of an in camera certificate was a fatal procedural defect, as required by the rules and confirmed in Three Cities Investments. The applicant did not make reasonab…

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• Ex Parte Orders
• Urgent Applications
• Banks Act Proceedings
• Material Nondisclosure
• In Camera Hearings

Nogaga v Magistrate Mjali, District Court Magistrate, East London and Others (EL246/2024)

Nogaga v Magistrate Mjali, District Court Magistrate, East London and Others (EL246/2024) [2024] ZAECELLC 5 (22 February 2024)

Court

Eastern Cape High Court, East London Local Court

Case number

EL246/2024

Judge

Zono

The court held the order was not granted ex parte, so Rule 6(8) could not be used to anticipate the return day. The urgent rescission application was removed from the roll.

• Ex Parte Orders
• Urgent Applications
• Rescission Of Orders
• Practice Directives
• Costs Orders
• Ex-parte-orders

Virtual Benefit Solutions Tech (Pty) Ltd v Koekemoer and Others (2023/082132)

Virtual Benefit Solutions Tech (Pty) Ltd v Koekemoer and Others (2023/082132) [2023] ZAGPJHC 1065 (22 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023/082132

Judge

S D J Wilson

The High Court dismissed an application to declare contempt and order return of property, finding no clear breach of the earlier order.

• Contempt Of Court
• Ex Parte Orders
• Standing To Sue
• Possession Of Property
• Contractual Dispute
• Contempt-of-court

Du Preez and Another v Hantle Infra Planning (Pty) Ltd and Others (1214/2021;1303/2021)

Du Preez and Another v Hantle Infra Planning (Pty) Ltd and Others (1214/2021;1303/2021) [2023] ZAECQBHC 22 (4 April 2023)

Court

Eastern Cape High Court, Gqeberha

Case number

1214/2021;1303/2021

Judge

Bands AJ

The court found that the applicants, as prospective witnesses and not parties to the original ex parte application, lacked the necessary locus standi to seek an order declaring the enquiry order unlawful and void ab initio. Their interest in the proceedings was limited and did not entitle them to intervene after the order had been granted. The grounds for resisting such an order are narrowly confined to jurisdiction, hardship, or exceptional circumstances, none of which were present. The related costs application was dismissed as moot, since the enquiry had already been postponed and the appl…

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• Companies Act Section 417 418
• Locus Standi
• Ex Parte Orders
• Liquidation Enquiry
• Costs Order