South Africa Case Law

Zulu v Road Accident Fund (2023/024137)

Zulu v Road Accident Fund (2023/024137) [2025] ZAGPPHC 714 (10 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023/024137

Judge

R Hawman

The court held that the defendant, having been barred from delivering its plea, could not automatically re-enter the litigation or plead to the amended particulars of claim without a formal application to uplift the bar. The amendment of the plaintiff's claim did not constitute the introduction of new issues nor did it entitle the defendant to plead afresh. The only route available to the defendant was to apply for upliftment of the bar or for condonation, which was not done. Allowing automatic upliftment would undermine the plaintiff's rights and the court's discretion, and infringe the audi…

Source excerpt

• Default Judgment
• Notice Of Bar
• Amendment Of Pleadings
• Failure To Plead
• Rule 27 Condonation
• Road Accident Claim

PSA obo French v HOD: Department of Social Development North West Province and Another (C890/2014)

PSA obo French v HOD: Department of Social Development North West Province and Another (C890/2014) [2016] ZALCCT 17 (22 April 2016)

Court

Labour Court Cape Town

Case number

C890/2014

Judge

Rabkin-Naicker

The Labour Court dismissed a review application because the applicant failed to plead proper legal grounds and relied on vague annexures and deficient affidavits.

• Unlawful Dismissal
• Review Of Administrative Action
• Deeming Provisions
• Failure To Plead
• Costs Order
• Labour-law

Phumi Trading J V Mosallo Zwane Construction v Lekwa Municipality (11741/2012)

Phumi Trading J V Mosallo Zwane Construction v Lekwa Municipality (11741/2012) [2013] ZAGPPHC 30 (6 February 2013)

Court

North Gauteng High Court, Pretoria

Case number

11741/2012

Judge

P C Van der Byl

The court found that the plaintiff failed to make out a proper case for provisional sentence. The certificate relied upon referred to an underlying contract, which was not annexed to the summons. The contract was material to the plaintiff's cause of action, and the proceedings could not proceed without consideration of it. The plaintiff was required to annex the contract if it was written, or aver that it was not. The evidence indicated that the contract was likely written and awarded by tender. The defendant was entitled to raise contractual defences, and the additional amount claimed was no…

Source excerpt

• Provisional Sentence
• Contractual Liability
• Liquid Documents
• Failure To Plead
• Tender Award
• Costs Order