South Africa Case Law

G.P.N v C.M.N (Review) (HC 07/2025)

G.P.N v C.M.N (Review) (HC 07/2025) [2025] ZANWHC 56 (17 March 2025)

Court

North West High Court, Mafikeng

Case number

HC 07/2025

Judges

Titus, Djaje

The court found that Mr Matheolwane, who appeared for the respondent in the maintenance enquiry, did not possess a valid right of appearance as required by the Legal Practice Act. His participation constituted a gross irregularity in terms of section 22(1)(c) of the Superior Courts Act. This irregularity infringed the respondent’s constitutional right to a fair hearing, as only admitted and enrolled legal practitioners may represent parties in court. The maintenance proceedings and interim order were therefore invalid and had to be set aside. The matter was remitted for rehearing before anoth…

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• Maintenance Enquiry
• Right Of Appearance
• Gross Irregularity
• Fair Hearing
• Legal Practitioner Admission

Gil v Gil (2022/037219)

Gil v Gil (2022/037219) [2025] ZAGPJHC 29 (20 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/037219

Judge

Goedhart AJ

Leave to appeal was refused in a challenge to an arbitration award over family business disputes, with the court finding no gross irregularity or fair-hearing breach.

• Arbitration Act Section 33
• Condonation
• Gross Irregularity
• Admissibility Of Evidence
• Fair Hearing
• Best Evidence Rule

Pristine Seafoods (Pty) Ltd v Collective Dream Studios (Pty) Ltd and Another (3834/2024)

Pristine Seafoods (Pty) Ltd v Collective Dream Studios (Pty) Ltd and Another (3834/2024) [2024] ZAWCHC 294 (9 October 2024)

Court

Western Cape High Court, Cape Town

Case number

3834/2024

Judge

E D Wille

High Court review of arbitration awards dismissed: the court held the second review was barred by res judicata and issue estoppel and found no bias or denial of a fair hearing.

• Arbitration Act 1965
• Remittal Of Award
• Issue Estoppel
• Res Judicata
• Fair Hearing
• Ownership Transfer

Fumani Holdings (Pty) Ltd v Minister of Finance and 35 Others (121053/2023)

Fumani Holdings (Pty) Ltd v Minister of Finance and 35 Others (121053/2023) [2024] ZAGPPHC 835 (26 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

121053/2023

Judge

Holland-Muter

The court allowed an urgent motion to proceed but refused to consider late-filed supplementary heads and any new evidence not properly disclosed earlier.

• Late Filing Of Documents
• Supplementary Affidavits
• Urgent Application Procedure
• Condonation
• Fair Hearing
• Urgent-application-procedure

Islandsite 180 (Pty) Ltd and Another v Knoop N.O and Others (1410/2023)

Islandsite 180 (Pty) Ltd and Another v Knoop N.O and Others (1410/2023) [2024] ZAFSHC 188 (14 June 2024)

Court

Free State High Court, Bloemfontein

Case number

1410/2023

Judge

Van Rhyn

The High Court granted leave to appeal to the Supreme Court of Appeal after finding that the applicants had reasonable prospects of success and had not been fully heard on Part B.

• Leave To Appeal
• Business Rescue
• Standing
• Fair Hearing
• Jurisdiction
• Interim Interdict

Deyer and Others v Platt SC N.O and Others (30343/2021)

Deyer and Others v Platt SC N.O and Others (30343/2021) [2023] ZAGPPHC 2046 (20 December 2023)

Court

North Gauteng High Court, Pretoria

Case number

30343/2021

Judge

Nyathi

The court found that the refusal by the IRBA disciplinary committee to recuse Messrs Sooklal and Griffiths, in the face of reasonable apprehension of bias, constituted a gross irregularity rendering the proceedings a nullity. The court held that the applicants were professionally prejudiced by negative media coverage and the contents of the charge sheet, and that the internal remedy and appellate mechanism provided by IRBA were ineffective to redress their complaint, as the appeal committee lacked authority to set aside proceedings for bias. Exceptional circumstances existed, exempting the ap…

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• Recusal Of Administrative Panel
• Bias In Professional Disciplinary Proceedings
• Promotion Of Administrative Justice Act
• Exhaustion Of Internal Remedies
• Fair Hearing
• Disciplinary Proceedings Against Auditors

Amalgamated Lawyers Association and Another v Judicial Service Commission and Others (2022-036684)

Amalgamated Lawyers Association and Another v Judicial Service Commission and Others (2022-036684) [2023] ZAGPJHC 1312 (15 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022-036684

Judge

Sutherland

The application for leave to appeal was dismissed because the applicants failed to comply with section 47(1) of the Superior Courts Act by citing a judge without obtaining the required consent, rendering the proceedings invalid. The court found that the section 47(1) point was properly raised and could be decided during interlocutory proceedings, as no procedural rule precludes a fatal point from being determined at that stage. The applicants were not denied a fair hearing, as they were present in law and had the opportunity to argue the section 47(1) issue. The attorney and client costs orde…

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• Section 47 Consent Requirement
• Review Proceedings
• Audi Alterem Partem
• Costs Order
• Fair Hearing
• Superior Courts Act

Toro Ya Africa Consultants (Pty) Ltd v Riddle N.O. and Another - Leave to Appeal (11808/2022)

Toro Ya Africa Consultants (Pty) Ltd v Riddle N.O. and Another - Leave to Appeal (11808/2022) [2023] ZAGPJHC 1199 (18 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

11808/2022

Judge

G Malindi

The High Court refused leave to appeal in a review of an arbitration award, finding no gross irregularity in the documents-only procedure or the treatment of onus.

• Arbitration Act Section 33
• Gross Irregularity
• Onus Of Proof
• Fair Hearing
• Procedure In Arbitration
• Arbitration

Mouton v Salim (CIV APP FB 16/2022;M112/2021)

Mouton v Salim (CIV APP FB 16/2022;M112/2021) [2023] ZANWHC 100 (22 June 2023)

Court

North West High Court, Mafikeng

Case number

CIV APP FB 16/2022;M112/2021

Judges

DJAJE, PETERSEN, REID

The High Court upheld an appeal after finding that refusing a postponement denied the appellant a fair hearing and the chance to secure legal representation.

• Right To Legal Representation
• Fair Hearing
• Postponement
• Contempt Of Court
• Eviction Proceedings
• Fair-hearing

Ramolotja v Motaung and Others (89/22)

Ramolotja v Motaung and Others (89/22) [2022] ZALMPPHC 62 (25 November 2022)

Court

Limpopo High Court, Polokwane

Case number

89/22

Judges

Kganyago, Naude-Odendaal

The magistrate committed a gross irregularity by preparing and commencing delivery of a written judgment before affording the parties an opportunity to address the court on the merits. This conduct violated the audi alteram partem rule and section 34 of the Constitution, as the parties' right to a fair hearing was compromised. The subsequent opportunity to address the court, given only after the magistrate had begun delivering judgment, was insufficient to cure the irregularity, as the magistrate had already formed a view on the matter. The irregularity tainted the entire proceedings, necessi…

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• Audi Alteram Partem
• Fair Hearing
• Magistrates Court Review
• Section 34 Constitution