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South Africa decisions
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ABSA Bank Limited v Kebeni and Another (19782/2012) [2025] ZAWCHC 315 (28 May 2025)
The High Court relaxed res judicata after abandonment of an earlier execution order, granted a fresh Rule 46A execution order with reserve price, and dismissed a constitutional challenge.
Matsi Law Chambers v Mailula and Another (A165/2023) [2025] ZAGPPHC 564 (21 May 2025)
The High Court held that an order subject to leave to appeal is generally suspended, so the respondents were not in contempt. The appeal was dismissed with costs.
Black Royalty Minerals Koornfontein (Pty) Ltd v Sheriff, Middelburg and Another (Leave to Appeal) (2024-008520) [2025] ZAGPPHC 406 (22 April 2025)
The High Court dismissed an application for leave to appeal, finding no reasonable prospects of success and upholding punitive costs against the applicant.
Black Royalty Minerals Koornfontein (Pty) Ltd v Sheriff, Middelburg and Another (2024/008520) [2024] ZAGPPHC 1184 (22 November 2024)
The High Court held that a party in possession through the cited company could be reached by the existing vindication order, and dismissed the application with punitive costs.
Erga Investments Ltd v Hi-Q Automative (Pty) Ltd and Another (074694/2024) [2024] ZAGPJHC 950 (20 September 2024)
The High Court struck an urgent application from the roll for lack of factual detail supporting urgency under Rule 6(12)(b), awarding costs.
VZLR Incorporated and Others v Road Accident Fund and Others (019085/2024) [2024] ZAGPPHC 266 (14 March 2024)
Urgent PAJA review of an alleged RAF payment block failed for lack of proof of any decision and for non-compliance with urgency requirements.
Moyo v Road Accident Fund and Another (3719/2021) [2024] ZAECQBHC 15 (5 March 2024)
The High Court dismissed an application to compel the RAF branch manager personally to pay a judgment debt and issue an undertaking.
Mawela and Others v Body Corporate Kwikstertjie No: 884/2006 (7 December 2023) (2023/098779) [2023] ZAGPJHC 1481 (7 December 2023)
The court held that it lacked jurisdiction to grant the interim interdict sought by the applicants because the order authorising termination of water and electricity had already been executed. The principle of functus officio precludes the court from intervening in a final order that has been executed, except in limited circumstances not present here. Rule 45A does not apply post-execution, and the authorities cited by the applicants are distinguishable or irrelevant to the facts. The applicants' remedy lies in seeking rescission of the original order, not in an interim interdict. The executi…
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Minister of Police v The Sheriff of the High Court, Mthatha and Another (2640/2020) [2021] ZAECMHC 19; 2022 (1) SA 229 (ECM) (29 June 2021)
The High Court held that the Sheriff unlawfully attached and retained a police vehicle under the State Liability Act, and ordered its return to the Minister of Police.
Maluti-A-Phofung Municipality v Eskom Holdings SOC Limited and Others (2719/2020) [2021] ZAFSHC 3 (15 January 2021)
The court found that the applicant failed to demonstrate reasonable prospects of success on appeal or any compelling reason for the appeal to be heard. The order delivered on 9 October 2020 was interlocutory in nature and did not have the effect of a final judgment. The applicant did not establish that Eskom's execution steps were premature or in bad faith, nor did it show that the settlement agreement was improperly enforced or that it was entitled to its cancellation. The cooperative governance obligations under section 41 of the Constitution and the Intergovernmental Relations Framework Ac…
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