South Africa Case Law

Peacanwood Estate Homeowners' Association NPC v Ntsanwisi and Another (2066/2020)

Peacanwood Estate Homeowners' Association NPC v Ntsanwisi and Another (2066/2020) [2025] ZANWHC 144 (22 April 2025)

Court

North West High Court, Mafikeng

Case number

2066/2020

Judge

J T Maodi

High Court holds the Community Schemes Ombud Service Act does not oust its jurisdiction over levy recovery; defendants’ referral plea was dismissed.

• Community Schemes Ombud Service Act
• Concurrent Jurisdiction
• Levy Recovery
• Forum Non Conveniens
• Community-schemes-ombud-service-act
• Concurrent-jurisdiction

Delta Beverages (Private) Limited and Another v Blakey Investments (Pty) Ltd and Others (D2834/2020)

Delta Beverages (Private) Limited and Another v Blakey Investments (Pty) Ltd and Others (D2834/2020) [2020] ZAKZDHC 36 (31 August 2020)

Court

Kwazulu-Natal High Court, Durban

Case number

D2834/2020

Judge

M R Chetty

The court found that the applicants failed to establish a clear or prima facie right to a stay of arbitration. The supply agreements expressly provided for arbitration under South African law, and the applicants participated in the arbitration process, raising their special pleas before the arbitrators. The court held that the arbitration clause is severable and survives allegations of invalidity unless fraud is alleged, which was not the case. The applicants have alternative remedies within the arbitration, and the arbitrators are competent to decide on jurisdiction and validity. The balance…

Source excerpt

• Stay Of Arbitration
• Forum Non Conveniens
• Separability Of Arbitration Clause
• Exchange Control Regulations
• Contra Boni Mores
• Authority Of Agent

MS "Bonanza" Schiffahrtgesellschaft mbH & Co, KG and Another v Durban Coal Terminal Company (Pty) Ltd t.a Bulk Connexions and Another (A50/2017)

MS "Bonanza" Schiffahrtgesellschaft mbH & Co, KG and Another v Durban Coal Terminal Company (Pty) Ltd t.a Bulk Connexions and Another (A50/2017) [2018] ZAKZDHC 6 (29 March 2018)

Court

Kwazulu-Natal High Court, Durban

Case number

A50/2017

Judge

Mngadi

The court refused a shipowners’ request for a declaratory order extending South African limitation of liability to foreign proceedings.

• Limitation Of Liability
• Forum Non Conveniens
• Declaratory Relief
• Admiralty Jurisdiction Regulation Act
• Merchant Shipping Act
• Multiplicity Of Actions

Lakey v Road Accident Fund (69036/2015)

Lakey v Road Accident Fund (69036/2015) [2017] ZAGPPHC 245 (25 May 2017)

Court

North Gauteng High Court, Pretoria

Case number

69036/2015

Judge

C R Jansen

The court found the Road Accident Fund liable for 100% of proven damages after accepting that the Mafikeng collision occurred and the insured driver was solely at fault.

• Road Accident Fund Act
• Jurisdiction
• Forum Non Conveniens
• Language In Pleadings
• Liability For Motor Vehicle Collisions
• Road-accident-fund

Holloway and Another v Padi Emea Limited (38785-2014)

Holloway and Another v Padi Emea Limited (38785-2014) [2017] ZAGPJHC 381; 2020 (5) SA 172 (GJ) (8 March 2017)

Court

South Gauteng High Court, Johannesburg

Case number

38785/2014

Judge

M Victor

The court found that jurisdiction in South Africa is not limited to strict physical presence or attachment but is determined by a wider test of appropriateness and convenience, as established in the Multi-Links and Strang cases. The applicants demonstrated sufficient connecting factors, including local business operations, employment of a regional manager, and the impact of the expulsion decision within South Africa. The court held that Rule 53 applies to the disciplinary proceedings of the foreign tribunal, and that the South Gauteng High Court has jurisdiction to order the production of the…

Source excerpt

• Jurisdiction Of Sa Courts
• Review Of Foreign Tribunal Decisions
• Rule 53 Application
• Forum Non Conveniens
• Membership Expulsion
• Contractual Nexus

Caesarstone Sdot-Yam Ltd v The World of Marble and Granite 2000 CC and Others (741/12)

Caesarstone Sdot-Yam Ltd v The World of Marble and Granite 2000 CC and Others (741/12) [2013] ZASCA 129; 2013 (6) SA 499 (SCA); [2013] 4 All SA 509 (SCA) (26 September 2013)

Court

Supreme Court of Appeal

Case number

741/12

Judges

Mthiyane, Maya, Theron, Wallis, Van der Merwe

The Supreme Court of Appeal held that the requirements for the defence of lis alibi pendens are satisfied in respect of WOMAG and Oren Sachs, as the central issue in both the South African and Israeli proceedings is the termination of the agency agreement. The court found that the plea may be raised even if the party invoking it is the plaintiff in the other proceedings, provided that a plea of res judicata would be available after the foreign action is determined. Although the other members of the Sachs family are not parties to the Israeli proceedings, the court exercised its inherent discr…

Source excerpt

• Lis Alibi Pendens
• Res Judicata
• Forum Non Conveniens
• Agency Agreement
• Stay Of Proceedings

H.S.W v H.S.W (1694/08)

H.S.W v H.S.W (1694/08) [2009] ZAWCHC 159 (14 September 2009)

Court

Western Cape High Court, Cape Town

Case number

1694/08

Judge

Davis

The High Court upheld a special plea in a divorce matter, finding the plaintiff had not shown the required ordinary residence in Cape Town for jurisdiction.

• Divorce Jurisdiction
• Ordinary Residence
• Forum Non Conveniens
• Divorce-jurisdiction
• Ordinary-residence
• Forum-non-conveniens

Merensky and Othes v National Director of Public Prosecutions (500-507/2008)

Merensky and Othes v National Director of Public Prosecutions (500-507/2008) [2008] ZANWHC 31 (3 July 2008)

Court

North West High Court, Mafikeng

Case number

500-507/2008

Judge

M.T.R. Mogoeng

The High Court discharged a preservation order because a related case involving the same parties, premises, and issues was already pending in another division.

• Preservation Order
• Unlawful Gambling
• Forum Non Conveniens
• Preservation-order
• Unlawful-gambling
• Judicial-comity