South Africa Case Law

Mangaung Metropolitan Municipality and Another v University of the Free State and Others (3497/2021)

Mangaung Metropolitan Municipality and Another v University of the Free State and Others (3497/2021) [2023] ZAFSHC 511 (27 December 2023)

Court

Free State High Court, Bloemfontein

Case number

3497/2021

Judge

P E Molitsoane

The court found that the Sixth Respondent did not seek leave to file the Explanatory Affidavit, nor did the previous orders grant a blanket licence to file any affidavit at will. The orders were specific in permitting supplementation, answering, or replying by way of further affidavit, but only with proper application and court approval. The Sixth Respondent failed to provide a plausible explanation for not including the relevant facts in his earlier affidavit, and the Explanatory Affidavit did not address new matters or evidence. Its filing constituted an irregular step under Rule 30, and th…

Source excerpt

• Uniform Rule 30
• Filing Of Further Affidavits
• Joinder Of Parties
• Court Discretion On Affidavits

Residents of Vallei Uitsig v Vallei Uitsig Homeowners Association and others (4388/2021)

Residents of Vallei Uitsig v Vallei Uitsig Homeowners Association and others (4388/2021) [2023] ZAMPMBHC 61 (16 November 2023)

Court

Mbombela High Court, Mpumalanga

Case number

4388/2021

Judge

N Mazibuko

The court dismissed a locus standi objection by affected homeowners and allowed further affidavits in a dispute with their HOA over security amenities and levy-related relief.

• Locus Standi
• Homeowners Association
• Filing Of Further Affidavits
• Levy Disputes
• Security Amenities
• Title Deed Restrictions

Seloba v Premier, Limpopo and Another (J445/20)

Seloba v Premier, Limpopo and Another (J445/20) [2022] ZALCJHB 372 (8 December 2022)

Court

Labour Court Johannesburg

Case number

J445/20

Judge

Baloyi

The Labour Court dismissed a counter-application to set off an arbitration award against untaxed costs, finding the debt was unliquidated and the supplementary papers inadmissible.

• Set Off
• Arbitration Award Enforcement
• Filing Of Further Affidavits
• Costs Orders
• Basic Conditions Of Employment Act
• Set-off

Abrahams and Another v Abrahams and Another (570/2021)

Abrahams and Another v Abrahams and Another (570/2021) [2022] ZAECELLC 7 (1 March 2022)

Court

Eastern Cape High Court, East London Local Court

Case number

570/2021

Judge

M.J. Lowe

The court granted leave to file further affidavits and to subpoena a witness in an opposed interlocutory application concerning a disputed will.

• Motion Proceedings
• Filing Of Further Affidavits
• Subpoena Of Witness
• Will Dispute
• Domestic Violence Affidavit Contradiction
• Motion-proceedings

Dippenaar v Minister of Correctional Service and Others (596/2015)

Dippenaar v Minister of Correctional Service and Others (596/2015) [2016] ZANCHC 65 (2 August 2016)

Court

Northern Cape High Court, Kimberley

Case number

596/2015

Judge

Lever

The court found that the respondents provided a proper and satisfactory explanation for not dealing with the JCIS ruling earlier. The explanation showed no mala fides or culpable remissness, as the omission resulted from miscommunication between the deponent and counsel, both of whom lacked legal qualifications. The court held that it is in the interests of justice to allow the respondents to file a fourth set of affidavits to ensure all relevant facts are before the court in the main review application. The applicant will not suffer prejudice, as he is granted leave to reply by way of a surr…

Source excerpt

• Filing Of Further Affidavits
• Judicial Discretion
• Review Of Administrative Action
• Correctional Services Act

Biggs and Another v Cousins and Others (3323/2013)

Biggs and Another v Cousins and Others (3323/2013) [2014] ZAECPEHC 104 (15 July 2014)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3323/2013

Judge

P.W. Tshiki

The court dismissed an application to file further affidavits and amend papers after judgment had been reserved, finding the proposed evidence immaterial and late.

• Filing Of Further Affidavits
• Amendment Of Pleadings
• Arbitration Act Section 33
• Abuse Of Process
• Civil-procedure
• Further-affidavits

Life And Analytical Sciences (Pty) Ltd and Another v Perkin Elmer Italia Spa; InRe: Perkin Elmer Italia Spa v Life And Analytical Sciences (Pty) Ltd and Another (13/26920)

Life And Analytical Sciences (Pty) Ltd and Another v Perkin Elmer Italia Spa; InRe: Perkin Elmer Italia Spa v Life And Analytical Sciences (Pty) Ltd and Another (13/26920) [2014] ZAGPJHC 412 (24 February 2014)

Court

South Gauteng High Court, Johannesburg

Case number

13/26920

Judge

Maenetje

The court allowed a fourth affidavit to answer new matter in reply, postponed the main application sine die, and ordered the applicants to pay wasted costs.

• Filing Of Further Affidavits
• Postponement Of Proceedings
• Costs Award
• New Matter In Replying Affidavit
• Civil-procedure
• Further-affidavits

Hano Trading CC v J R 209 Investments (Pty) Ltd (650/11)

Hano Trading CC v J R 209 Investments (Pty) Ltd (650/11) [2012] ZASCA 127; 2013 (1) SA 161 (SCA); [2013] 1 All SA 142 (SCA) (21 September 2012)

Court

Supreme Court of Appeal

Case number

650/11

Judges

Mthiyane, Van Heerden, Mhlantla, Bosielo, Erasmus

The Supreme Court of Appeal held that late further affidavits were inadmissible and that the seller failed to comply with contractual notice requirements before cancelling.

• Filing Of Further Affidavits
• Contractual Breach Notice
• Validity Of Contract
• Uniform Rules Of Court Rule 6
• Civil-procedure
• Motion-proceedings