South Africa Case Law

Changing Tides 74 (Pty) Ltd v City of Johannesburg (40135/2016)

Changing Tides 74 (Pty) Ltd v City of Johannesburg (40135/2016) [2025] ZAGPJHC 279 (14 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

40135/2016

Judge

Mahosi

The City of Johannesburg's failure to comply with the Claassen Order to provide temporary emergency accommodation to the unlawful occupiers was wrongful and constituted a breach of both the occupiers' constitutional right to adequate housing and Changing Tides' right to property. The City agreed to the deadline for accommodation with full knowledge of its financial position and failed to seek a variation of the order when it became unable to comply. Its conduct was reckless and demonstrated a lack of political will, resulting in Changing Tides being deprived of the use and income of its prope…

Source excerpt

• Pure Economic Loss
• Failure To Comply With Court Order
• Right To Adequate Housing
• Deprivation Of Property
• Municipal Liability
• Damages Assessment

South Africa Legal Practice Council v Green (5205/2023)

South Africa Legal Practice Council v Green (5205/2023) [2024] ZAFSHC 131 (9 May 2024)

Court

Free State High Court, Bloemfontein

Case number

5205/2023

Judges

Mhlambi, Chesiwe

The High Court suspended a legal practitioner for failing to hold a valid Fidelity Fund Certificate and granted curatorship and related protective relief.

• Legal Practitioner Suspension
• Fidelity Fund Certificate
• Curatorship Of Trust Accounts
• Failure To Comply With Court Order
• Legal-practitioner-suspension
• Fidelity-fund-certificate

Lumka v BMW Financial Services SA (Pty) Ltd and Another (5301/2021)

Lumka v BMW Financial Services SA (Pty) Ltd and Another (5301/2021) [2023] ZAGPJHC 641 (5 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

5301/2021

Judge

R Strydom

The High Court dismissed a rescission application after the applicant failed to comply with a prior order to file a practice note and list of authorities timeously.

• Rescission Application
• Failure To Comply With Court Order
• Practice Note Filing
• Dismissal Of Application
• Rescission-application
• Civil-procedure

Phurutshi v Tshwane University of Technology and Others

Phurutshi v Tshwane University of Technology and Others [2023] ZAGPPHC 413; 38947/2022 (23 May 2023)

Court

North Gauteng High Court, Pretoria

Case number

38947/2022

Judge

N Davis

The High Court set aside a TUT committee decision to rerun an election, then reinstated that order after the fifth respondent failed to file an answering affidavit.

• Review Of Administrative Action
• Failure To Comply With Court Order
• Election Dispute
• Costs Award
• Administrative-law
• Judicial-review

Kgoantha, Molekoa Families and Others v Minister of Agriculture, Land Reform and Rural Development and Others (LCC 2019/139)

Kgoantha, Molekoa Families and Others v Minister of Agriculture, Land Reform and Rural Development and Others (LCC 2019/139) [2021] ZALCC 24 (30 September 2021)

Court

Land Claims Court

Case number

LCC 2019/139

Judge

Spilg

The court found that the applicants' uncontested evidence established serious failures by the RLCC and CPA, including misleading conduct, lack of transparency, and non-compliance with constitutional and statutory duties. The RLCC failed to process the applicants' land claim properly, allowed the formation of a CPA excluding rightful claimants, and ignored court orders requiring investigation and reporting. These actions infringed the applicants' rights under the Restitution Act and the Constitution. The court held that accountability and transparency are mandatory for organs of State, and tha…

Source excerpt

• Restitution Of Land Rights Act
• Constitutional Accountability
• Procedural Fairness
• Communal Property Association Act
• Failure To Comply With Court Order

Mjoki v S (CA&R 39/2019)

Mjoki v S (CA&R 39/2019) [2020] ZAECMHC 20 (17 June 2020)

Court

Eastern Cape High Court, Mthatha

Case number

CA&R 39/2019

Judges

M.S. Dunywa, Tokota

The appeal was struck off the roll because the appellant failed to file a complete record, including exhibits central to the appeal, and did not seek condonation.

• Appeal Record Completeness
• Admission Of Medical Evidence
• Failure To Comply With Court Order
• Criminal-appeal
• Appeal-record
• Non-compliance-with-court-order

Austin v Sentoo and Another (42443/2008)

Austin v Sentoo and Another (42443/2008) [2016] ZAGPPHC 147 (23 February 2016)

Court

North Gauteng High Court, Pretoria

Case number

42443/2008

Judge

M W Msimeki

The High Court refused condonation for a nearly four-year late declaration, finding the applicant’s explanation for delay inadequate and unsupported.

• Condonation
• Extension Of Time
• Uniform Rules Of Court Rule 27
• Failure To Comply With Court Order
• Sequestration Effect On Proceedings
• Extension-of-time

Makhamba v Moletsane and Another (JR648/11)

Makhamba v Moletsane and Another (JR648/11) [2014] ZALCJHB 411 (20 October 2014)

Court

Labour Court Johannesburg

Case number

JR648/11

Judge

O Mooki

Labour Court found the first respondent in contempt for failing to comply with an earlier order to explain non-compliance and attend court, and ordered personal costs.

• Contempt Of Court
• Reinstatement
• Costs Personal Liability
• Failure To Comply With Court Order
• Contempt-of-court
• Personal-costs

Els v Gauteng Department of Education (Sedibeng East) (JS889/11)

Els v Gauteng Department of Education (Sedibeng East) (JS889/11) [2014] ZALCJHB 101 (28 March 2014)

Court

Labour Court Johannesburg

Case number

JS889/11

Judge

Steenkamp

The Labour Court set aside the respondent’s exception and held it barred from filing opposing papers after failing to comply with a prior court order.

• Failure To Comply With Court Order
• Automatic Barring
• Exception Procedure
• Costs Order
• Labour-law
• Civil-procedure

Gwebu v Minister of Correctional Services and Others (15058/13)

Gwebu v Minister of Correctional Services and Others (15058/13) [2013] ZAGPPHC 205; 2014 (1) SACR 191 (GNP) (26 June 2013)

Court

North Gauteng High Court, Pretoria

Case number

15058/13

Judge

Ebersohn AJ

The court found that the Parole Board unlawfully delayed the applicant's parole process by relying on a fabricated 'restorative justice' requirement, which had no legal basis and undermined the applicant's statutory rights. The respondents failed to comply with multiple prior court orders directing them to finalize the parole process. The court held that such conduct constituted a disregard for the rule of law and judicial authority. Accordingly, the court ordered the Parole Board to place the applicant on parole within 30 calendar days, subject to the terms and conditions approved by the Cor…

Source excerpt

• Parole Review
• Failure To Comply With Court Order
• Restorative Justice
• Judicial Supervision Of Administrative Action