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South Africa decisions
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Sibiya v Morgan-Mashale (6342/2024) [2025] ZAFSHC 232 (8 August 2025)
High Court defamation case over social media posts alleging crime-scene tampering and bribery; the court found plausible defences and discharged the rule nisi.
Scholtz and Another v TMA Express Road (Pty) Ltd and Another (2025/071413) [2025] ZAGPJHC 750 (4 August 2025)
The court held that the restraint of trade clause was not overly broad, as its purpose is to prevent a former employee from exploiting customer connections, and the collateral effect of prohibiting dealings with new customers is justified. The order did not create a new contract but reflected the wide ambit of the restraint clause itself. The court found that a reasonable apprehension of harm, rather than proof of actual breach, is sufficient for a final interdict regarding confidential information. The facts demonstrated a risk of harm, including Mr Scholtz's possession and use of customer c…
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Sable Place Properties 106 (Pty) Ltd and Others v Visa Security Group (Pty) Ltd and Another (Leave to Appeal) (081761-2025) [2025] ZAGPPHC 764 (18 July 2025)
The High Court dismissed Visa Security Group’s leave to appeal against an urgent interdict and ejectment order, finding no reasonable prospects of success.
Hlabisa and Another v Firstrand Bank Limited and Another (B1133/2023) [2025] ZAGPPHC 724 (17 July 2025)
The court found that the applicants failed to establish a clear right to a final interdict restraining the sale in execution of their property. Although the applicants paid substantial amounts towards the arrears, they did not pay all amounts due, including monthly instalments following the default judgment, as required to reinstate the credit agreement under section 129(3) of the National Credit Act. The disputed facts regarding the precise arrears and the need for an audit of the account meant that, applying the Plascon-Evans rule, the matter had to be decided in favor of the respondent. Th…
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Mantashe v Zuma (2025/094050) [2025] ZAGPJHC 697 (16 July 2025)
The court found that the respondent's statements on TikTok and other social media platforms, alleging that the applicant received R40 million from ERP Mine intended for former mineworkers, were objectively defamatory. The respondent failed to provide credible evidence to substantiate his claims and did not report the matter to the police. The defence of truth and public benefit was unavailing, as the respondent relied on hearsay and unsupported affidavits. The statements imputed dishonesty and lack of integrity to the applicant, a government minister, and were widely disseminated, causing ong…
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Jaltech Africa Capital (Pty) Ltd and Others v Alleyroads Power (Pty) Ltd and Others (2025/091612) [2025] ZAGPJHC 660 (2 July 2025)
The court granted urgent interdictory relief allowing deactivation of a solar and battery system, finding contractual rights, non-payment, interference, and risk of harm.
TWK AGRI (Pty) Ltd v De Lange and Another (2025/072515) [2025] ZALCJHB 294 (30 June 2025)
The Labour Court granted an urgent final interdict enforcing a restraint of trade and confidentiality undertaking against a former insurance broker.
Mountainlands Estate Owners Association and Others v Mpumalanga Tourism And Parks Agency and Others (1957/2024) [2025] ZAMPMBHC 59 (26 June 2025)
The court found that the applicants are the registered owners of nine of the thirteen Geosites and that statutory provisions require engagement with landowners prior to any construction activities. The MTPA acted contrary to the National Heritage Resources Act and the Memorandum of Agreement, prompting SAHRA to issue a cessation order halting all works. The court held that the cessation order rendered the application moot, as there was no longer a live dispute or ongoing injury requiring judicial intervention. Even if the application were not moot, the applicants failed to satisfy the require…
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Boulder Processing (Pty) Ltd and Others v Ngwaabe Steelbridge Business Forum and Others (6111/2023) [2025] ZALMPPHC 126 (25 June 2025)
The court made a final interdict against the first four respondents, but discharged the interim order against the fifth respondent for lack of proof.
TMA Express Road and Another v Scholtz and Another (2025/071413) [2025] ZAGPJHC 636 (25 June 2025)
The High Court upheld a restraint and confidentiality claim against a former logistics manager, enforcing a 12-month restriction and granting a final interdict.
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