South Africa Case Law

Tsontswane v Shahzaib Gondal Trading (Pty) Ltd and Others (6286/2024)

Tsontswane v Shahzaib Gondal Trading (Pty) Ltd and Others (6286/2024) [2025] ZANWHC 130 (1 August 2025)

Court

North West High Court, Mafikeng

Case number

6286/2024

Judge

LM Morgan

The application failed because the applicant did not plead or prove which clauses of the lease agreement were breached, nor did he set out the necessary facts substantiating his claims. The founding affidavit was vague and deficient, lacking the material facts required to sustain the cause of action. The applicant attempted to supplement his case through replying affidavits and heads of argument, which is impermissible. Relief against respondents who were not properly served or were not parties to the lease agreement was not competent. The applicant's conduct suggested an ulterior motive for…

Source excerpt

• Lease Cancellation
• Eviction
• Founding Affidavit Requirements
• Contractual Breach
• Specific Performance
• Sanctity Of Contracts

Minister of Police v Gareng (2815/24)

Minister of Police v Gareng (2815/24) [2025] ZANWHC 113 (3 July 2025)

Court

North West High Court, Mafikeng

Case number

2815/24

Judge

Oosthuizen-Senekal

The High Court dismissed the Minister of Police’s application to uplift a bar, finding the delay unexplained and no bona fide defence shown.

• Upliftment Of Bar
• Rule 26 Uniform Rules
• Motion Proceedings
• Founding Affidavit Requirements
• Bona Fide Defence
• Costs Orders

Ndabeni and Others v HOD Itumeleng Mogorosi and Others (Reasons) (5979/2024)

Ndabeni and Others v HOD Itumeleng Mogorosi and Others (Reasons) (5979/2024) [2024] ZANWHC 295 (4 December 2024)

Court

North West High Court, Mafikeng

Case number

5979/2024

Judge

T Masike

Urgent application dismissed for lack of locus standi, a defective founding affidavit, and failure to make out a cause of action for the interdict sought.

• Locus Standi
• Founding Affidavit Requirements
• Commissioning Of Affidavits
• Representation Of Artificial Persons
• Locus-standi
• Founding-affidavit

Ndabeni and Others v Mokotedi and Others (Reasons) (5987/2024)

Ndabeni and Others v Mokotedi and Others (Reasons) (5987/2024) [2024] ZANWHC 294 (4 December 2024)

Court

North West High Court, Mafikeng

Case number

5987/2024

Judge

T Masike

The High Court dismissed an urgent interdict application for lack of proper authorization, a defective founding affidavit, and failure to establish locus standi.

• Urgent Interdict
• Locus Standi
• Founding Affidavit Requirements
• Commissioning Of Affidavits
• Urgent-interdict
• Locus-standi

Ndabeni and Others v Premier Kagiso Mokgosi and Others (Reasons) (6058/2024)

Ndabeni and Others v Premier Kagiso Mokgosi and Others (Reasons) (6058/2024) [2024] ZANWHC 292 (3 December 2024)

Court

North West High Court, Mafikeng

Case number

6058/2024

Judge

T Masike

Urgent application dismissed for lack of locus standi, defective affidavits, and no proper basis for the interdict sought. Costs were awarded against the first applicant.

• Locus Standi
• Urgent Interdict
• Founding Affidavit Requirements
• Commissioning Of Affidavits
• Judicial Oversight
• Locus-standi

Ndabeni and Others v Leeming and Others (Reasons) (6008/2024)

Ndabeni and Others v Leeming and Others (Reasons) (6008/2024) [2024] ZANWHC 293 (2 December 2024)

Court

North West High Court, Mafikeng

Case number

6008/2024

Judge

T Masike

Urgent application dismissed for lack of a proper affidavit, lack of authority and locus standi, and no nexus between the facts and the interdict sought.

• Founding Affidavit Requirements
• Locus Standi
• Commissioning Of Affidavits
• Abuse Of Process
• Punitive Costs
• Urgent Interdict

Ndabeni and Others v Tshepiso Mphehlo Executive Mayor and Others (Reasons) (598/2024)

Ndabeni and Others v Tshepiso Mphehlo Executive Mayor and Others (Reasons) (598/2024) [2024] ZANWHC 291 (2 December 2024)

Court

North West High Court, Mafikeng

Case number

598/2024

Judge

T Masike

High Court reasons dismissing an urgent application for lack of locus standi, a defective founding affidavit, and no proper basis for the interdict sought.

• Locus Standi
• Founding Affidavit Requirements
• Commissioning Of Affidavits
• Urgent Interdict
• Municipal Governance
• Locus-standi

Szabo N.O v Jarkie-Trust Administrators (Pty) Ltd (Reasons) (2023/038089)

Szabo N.O v Jarkie-Trust Administrators (Pty) Ltd (Reasons) (2023/038089) [2024] ZAGPJHC 1198 (21 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/038089

Judge

Cajee

Court granted repayment of a retirement-village loan and mora interest, holding the founding affidavit was sufficient despite fuller detail appearing in reply.

• Housing Development Schemes For Retired Persons Act
• Lifelong Occupational Right
• Repayment Of Loan
• Mora Interest
• Founding Affidavit Requirements
• Civil-procedure

Charl Electrical Engineering CC v Integrated Projects Construction (Pty) Ltd (20167/23)

Charl Electrical Engineering CC v Integrated Projects Construction (Pty) Ltd (20167/23) [2024] ZAWCHC 361 (11 November 2024)

Court

Western Cape High Court, Cape Town

Case number

20167/23

Judge

A Montzinger

The court found that Charl Electrical Engineering CC failed to establish a prima facie claim for the provisional winding-up of Integrated Projects Construction (Pty) Ltd. The applicant did not set out a sufficient cause of action in its founding affidavit, relying instead on evidence and allegations introduced in replying affidavits. The written agreement relied upon was an Occupational Health and Safety agreement, not a subcontractor agreement for electrical services. The applicant failed to disclose material facts, including the JBCC Principal Building Agreement and its direct dealings with…

Source excerpt

• Company Liquidation
• Prima Facie Claim
• Founding Affidavit Requirements
• Bona Fide Dispute
• Creditor Concurrence

Emoya Prop Med (Pty) Ltd v X-Pharm (Pty) Ltd (A129/2023)

Emoya Prop Med (Pty) Ltd v X-Pharm (Pty) Ltd (A129/2023) [2024] ZAFSHC 334 (21 October 2024)

Court

Free State High Court, Bloemfontein

Case number

A129/2023

Judges

Daniso, Nemavhidi, Greyling-Coetzer

The appeal succeeded because X-Pharm’s founding affidavit did not establish facts against Emoya Prop Med for spoliation or justify treating it as a co-spoliator.

• Spoliation
• Motion Proceedings
• Founding Affidavit Requirements
• Lease Dispute
• Motion-proceedings
• Founding-affidavit