South Africa Case Law

S v Lenting and Others (CC08/2018)

S v Lenting and Others (CC08/2018) [2025] ZAWCHC 341 (11 August 2025)

Court

Western Cape High Court, Cape Town

Case number

CC08/2018

Judge

Lekhuleni

The Court found that Delano Saptoe was a co-accused of accused 3 and 14 at the time he made the warning statement in the lower court. The statement was made after the alleged offence and did not advance a common purpose; it was a narrative statement recounting past events. The statement did not qualify as an executive statement under the common law exception and thus could not be admitted against accused 3 and 14. Furthermore, the statement was taken in violation of Saptoe's constitutional right to legal representation, as he requested a lawyer before giving the statement but was denied one.…

Source excerpt

• Hearsay Evidence
• Admissibility Of Warning Statement
• Co Accused Statements
• Constitutional Right To Legal Representation
• Executive Vs Narrative Statement
• Law Of Evidence Amendment Act

Rakgwale v Minister of Police and Another (41173/2020)

Rakgwale v Minister of Police and Another (41173/2020) [2025] ZAGPJHC 757 (1 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

41173/2020

Judge

K MVUBU

The court found that the Plaintiff's arrest was lawful, as the arresting officer had reasonable grounds to suspect the Plaintiff of committing a Schedule 1 offence (robbery with aggravating circumstances), and the arrest was effected in accordance with section 40(1)(b) of the Criminal Procedure Act. The Plaintiff conceded the lawfulness of the arrest during proceedings. The statement of the arresting officer was admitted into evidence as hearsay under section 3(1)(c) of the Law of Evidence Amendment Act, as its reliability and probative value outweighed any prejudice to the Plaintiff. The Pla…

Source excerpt

• Unlawful Arrest
• Malicious Prosecution
• Section 40 Criminal Procedure Act
• Hearsay Evidence
• Costs Order

Modiba v Clicks Retailers (Pty) Ltd and Others (JR986/23)

Modiba v Clicks Retailers (Pty) Ltd and Others (JR986/23) [2025] ZALCJHB 323 (31 July 2025)

Court

Labour Court Johannesburg

Case number

JR986/23

Judge

L Erasmus

The Labour Court reviewed and set aside a dismissal arbitration award after finding a commissioner relied on hearsay and speculation and blocked key witness evidence.

• Review Of Arbitration Award
• Condonation
• Substantive Fairness
• Hearsay Evidence
• Remittal
• Costs Order

Bojanala Platinum District Municipality v Fourie and Others (2025/104750)

Bojanala Platinum District Municipality v Fourie and Others (2025/104750) [2025] ZALCJHB 306 (22 July 2025)

Court

Labour Court Johannesburg

Case number

2025/104750

Judge

M Makhura

The Court found that the applicant failed to establish exceptional circumstances warranting intervention in the uncompleted CCMA arbitration. The alleged threats and safety concerns were speculative, inadequately substantiated, and related primarily to legal representatives rather than the applicant's officials. The applicant did not demonstrate irreparable harm or unfairness that could not be remedied after arbitration. The refusal of legal representation did not infringe any right, as such representation is not guaranteed in misconduct disputes before the CCMA. Intervening at this stage wou…

Source excerpt

• Ccma Legal Representation
• Exceptional Circumstances
• Interim Interdict
• Section 158 1b Lra
• Hearsay Evidence
• Unfair Dismissal

A.G obo A Minor Child v Road Accident Fund (50765/2019)

A.G obo A Minor Child v Road Accident Fund (50765/2019) [2025] ZAGPPHC 697 (27 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

50765/2019

Judge

Mooki

The High Court dismissed a minor’s loss-of-earnings claim against the Road Accident Fund, finding no proof that an accident caused a head injury or learning-related impairment.

• Road Accident Fund
• Loss Of Earnings
• Quantum Of Damages
• Expert Evidence
• Hearsay Evidence
• Road-accident-fund

Msibi v Road Accident Fund (5136/2022)

Msibi v Road Accident Fund (5136/2022) [2025] ZAMPMBHC 51 (4 June 2025)

Court

Mbombela High Court, Mpumalanga

Case number

5136/2022

Judge

Mashile

The High Court dismissed a Road Accident Fund claim after finding the plaintiff failed to prove how a hit-and-run accident occurred or that the insured driver was negligent.

• Road Accident Fund Act
• Hit And Run Collision
• Burden Of Proof
• Adverse Inference
• Hearsay Evidence
• Road-accident-fund

Mnisi and Another v Luthuli and Others (2024/016199)

Mnisi and Another v Luthuli and Others (2024/016199) [2025] ZAGPJHC 554 (30 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/016199

Judge

Engelbrecht

The High Court dismissed an application to rescind an order registering a customary marriage, finding no error in the prior order and no basis for further relief.

• Customary Marriage
• Rescission Of Judgment
• Joinder Of Parties
• Hearsay Evidence
• Administration Of Estates
• Customary-marriage

Kalipha v Road Accident Fund (867/2023)

Kalipha v Road Accident Fund (867/2023) [2025] ZAECMHC 31 (29 May 2025)

Court

Eastern Cape High Court, Mthatha

Case number

867/2023

Judge

Rusi

The High Court refused default judgment against the Road Accident Fund after finding the plaintiff had not proved, on a balance of probabilities, that a motor vehicle caused her ankle injury.

• Road Accident Fund Act
• Default Judgment
• Negligence
• Single Witness Credibility
• Hearsay Evidence
• Road-accident-fund

Mudau and Others v Telkom Retirement Fund and Others (075889/2024)

Mudau and Others v Telkom Retirement Fund and Others (075889/2024) [2025] ZAGPPHC 562 (26 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

075889/2024

Judge

Strijdom

The High Court dismissed an appeal against a Pension Funds Adjudicator ruling, holding there was no admissible evidence of deception and the fund acted within its rules.

• Pension Funds Act
• Hearsay Evidence
• Fund Rules Interpretation
• Nomination Form Vs Statutory Discretion
• Early Retirement Benefits
• Pension-funds-act

Bhele v Super Squad Trading (Pty) Ltd (C266/19)

Bhele v Super Squad Trading (Pty) Ltd (C266/19) [2025] ZALCCT 32 (19 May 2025)

Court

Labour Court Cape Town

Case number

C266/19

Judge

R Lagrange

The Labour Court dismissed a review of an arbitration award confirming dismissal for alleged incitement to engage a truck handbrake during a phone call.

• Dismissal For Misconduct
• Incitement To Commit Misconduct
• Interpretation Rights
• Hearsay Evidence
• Arbitration Review
• Labour-law