South Africa Case Law

Democratic Alliance and Another v Mangaung Metropolitan Municipality and Others (21 January 2025) (1330/2024)

Democratic Alliance and Another v Mangaung Metropolitan Municipality and Others (21 January 2025) (1330/2024) [2025] ZAFSHC 13 (21 January 2025)

Court

Free State High Court, Bloemfontein

Case number

1330/2024

Judge

Mbhele

The court found that the SAPS did not fail in their constitutional mandate. The evidence showed that SAPS assisted the Sheriff in executing the court order, deployed a significant number of officers, and made arrests. The DA failed to provide clear evidence of inadequacy in SAPS intervention or irrationality in the decision to arrest only 24 individuals out of a much larger group. The SAPS acted within their discretion, balancing the need to maintain public order, protect lives, and treat unlawful occupiers with dignity. The responsibility for executing the eviction order lay primarily with t…

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• Execution Of Court Orders
• Land Invasion
• Police Constitutional Duties
• Prevention Of Illegal Eviction Act
• Trespass
• Municipal Land Management

Transasia 1 (Pty) Ltd v Sherif of the High Court and Others (Leave to Appeal) (10895/2024P)

Transasia 1 (Pty) Ltd v Sherif of the High Court and Others (Leave to Appeal) (10895/2024P) [2024] ZAKZPHC 91 (22 October 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

10895/2024P

Judge

P C Bezuidenhout

The court found that the Sheriff acted within the scope of a valid court order authorising the attachment and removal of the caterpillar wherever it was found. The Applicant failed to establish a factual basis for the alleged limitation of its fundamental rights, and the constitutional issues raised were not substantiated on the papers. The wording of the order was standard and accepted by all parties, and the Sheriff was not required to seek further court approval to enter the premises. The facts of the cited constitutional cases were distinguishable, as they dealt with legislation rather th…

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• Execution Of Court Orders
• Right To Privacy
• Bill Of Rights Limitation
• Leave To Appeal
• Search And Seizure

M.A.P v F.M.A.N (A151/2023)

M.A.P v F.M.A.N (A151/2023) [2024] ZAGPPHC 858 (29 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

A151/2023

Judges

Neukircher, Millar, Kooverjie

High Court appeal upheld a variation of a divorce order to include a pension interest in division of the joint estate and rejected a retrospective forfeiture argument.

• Division Of Joint Estate
• Pension Interest On Divorce
• Variation Of Divorce Order
• Forfeiture Of Benefits
• Customary Marriage
• Execution Of Court Orders

Transasia 1 (Pty) Ltd v Sherif of the High Court and Others (10895/2024P)

Transasia 1 (Pty) Ltd v Sherif of the High Court and Others (10895/2024P) [2024] ZAKZPHC 60 (26 July 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

10895/2024P

Judge

P C Bezuidenhout

The High Court dismissed an urgent spoliation-style application, holding that the sheriff acted lawfully under a subsisting court order when removing an excavator.

• Mandament Van Spolie
• Execution Of Court Orders
• Sheriff Powers
• Urgent Application
• Rule 45
• Rule 46

Black Royalty Minerals Koornfontein (Pty) Ltd v Sheriff Middelburg and Another (2024/008520)

Black Royalty Minerals Koornfontein (Pty) Ltd v Sheriff Middelburg and Another (2024/008520) [2024] ZAGPPHC 186 (27 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024/008520

Judge

Nyathi

Urgent application to stop execution of a court order was dismissed for lack of urgency, with costs awarded on the attorney-and-client scale.

• Company Separate Personality
• Urgent Interdict
• Non Joinder
• Execution Of Court Orders
• Urgent-interdict
• Non-joinder

Astra Boerdery CC and Another v Acting Station Commander Ganyesa and Others (UM100/22)

Astra Boerdery CC and Another v Acting Station Commander Ganyesa and Others (UM100/22) [2023] ZANWHC 164 (12 September 2023)

Court

North West High Court, Mafikeng

Case number

UM100/22

Judge

Reddy

The High Court dismissed an urgent contempt application against SAPS officials, finding no proven wilful and mala fide non-compliance with earlier court orders.

• Contempt Of Court
• Interdict
• Execution Of Court Orders
• Trespass
• Police Duties
• Burden Of Proof

Badenhorst and Others v City Of Ekurhuleni Metropolitan Municipality and Others (00052/2023)

Badenhorst and Others v City Of Ekurhuleni Metropolitan Municipality and Others (00052/2023) [2023] ZAGPJHC 190 (8 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

00052/2023

Judge

S D J Wilson

The High Court confirmed that an eviction executed without the Sheriff was unlawful and treated it as spoliation, affirming restoration of possession.

• Eviction
• Spoliation
• Restoration Of Possession
• Execution Of Court Orders
• Restoration-of-possession
• Execution-of-court-orders

Maremane Communal Property Association v Minister of Police Station Commander: South African Police and Others (2086/21)

Maremane Communal Property Association v Minister of Police Station Commander: South African Police and Others (2086/21) [2022] ZANCHC 37 (15 July 2022)

Court

Northern Cape High Court, Kimberley

Case number

2086/21

Judge

M J Ramaepadi

The court held that while the Sheriff is primarily responsible for executing court orders, the SAPS cannot refuse to assist in enforcing such orders where criminal or disorderly conduct persists after service. The SAPS's constitutional mandate obliges them to prevent crime and maintain public order, and this duty exists independently of any court order. The court rejected the respondents' narrow interpretation of the order, finding it insensible and inconsistent with its purpose. The SAPS's refusal to act constituted a failure of their constitutional obligations, justifying the punitive costs…

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• Execution Of Court Orders
• Constitutional Mandate Of Saps
• Costs On Punitive Scale
• Urgent Interdict
• Interpretation Of Court Orders

Adamson and Another v Houston Group (Pty) Ltd (50920/2019)

Adamson and Another v Houston Group (Pty) Ltd (50920/2019) [2020] ZAGPPHC 22 (17 February 2020)

Court

North Gauteng High Court, Pretoria

Case number

50920/2019

Judge

A.C. Basson

The High Court set aside an Anton Piller order after finding the search was executed irregularly and overly broadly, though it declined punitive costs.

• Anton Piller Order
• Execution Of Court Orders
• Unlawful Competition
• Preservation Of Evidence
• Procedural Irregularity
• Anton-piller-order

Msiza v Msiza and Another (M271/15)

Msiza v Msiza and Another (M271/15) [2016] ZANWHC 23; 2017 (1) SACR 42 (NWM) (26 May 2016)

Court

North West High Court, Mafikeng

Case number

M271/15

Judge

Landman

The High Court dismissed a contempt application against police officials, holding they were only required to assist the sheriff if requested and had done so.

• Contempt Of Court
• Execution Of Court Orders
• Child Abduction
• Role Of Sheriff
• Urgent Interdict
• Contempt-of-court