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South Africa decisions
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Regenesys Management (Pty) Ltd ta Regenesys v Nortjie and Others (2025/134302) [2025] ZALCJHB 290 (19 June 2025)
The Labour Court stayed execution on a writ while the parties litigated a dispute about how interest on a judgment debt should be calculated.
S.L.M. v H.A.C (18281/2021) [2025] ZAGPJHC 687 (19 June 2025)
High Court divorce judgment ordering payment on equal division of a joint estate, plus levy reimbursement and sale of timeshare units, after rejecting tax-based objections.
MEC for the Department of Education, Eastern Cape v Ngxabi (2738/2021) [2025] ZAECMHC 33 (6 May 2025)
The court found that the impugned order awarded interest in excess of the principal amount, which is contrary to the in duplum rule, a well-established common law principle. The applicant's absence at the granting of the order did not preclude relief under Rule 42(1)(a), as the application was brought within a reasonable time and the absence was due to mediation efforts rather than deliberate avoidance. The respondent's reliance on the Zuma case was misplaced, as the circumstances differed materially. The court held that the requirements for variation under Rule 42(1)(a) were met, and the ord…
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MEC for Public Works, Roads and Transport v Willie Web Holdings and Others (1020/2014) [2025] ZANWHC 57 (17 March 2025)
The High Court held the in duplum rule is settled law, refused declaratory relief, and dismissed the application with attorney-and-client costs.
SS Aloe Ridge v Nawa and Others (2023/131277) [2025] ZAGPJHC 140 (17 February 2025)
The High Court dismissed leave to appeal against refusal of Rule 46A execution, finding no reasonable prospects of success and that less drastic remedies existed.
Khavhakone Construction Group (Pty) Ltd v Housing Development Agency and Another (22632/2022) [2024] ZAGPPHC 1281 (5 December 2024)
High Court held that certified IPC 25 and IPC 26 were payable under the GCC, and that the contractor validly terminated the SLA for non-payment.
Madijeng v Minister of Police (2045/2021) [2024] ZANWHC 139 (6 June 2024)
The High Court found the plaintiff’s arrest, detention, and assault by SAPS members unlawful and awarded damages, interest from summons, and costs.
Road Accident Fund v Lolwana and Another (23221/2016) [2024] ZAGPPHC 253 (4 March 2024)
The court held that section 2 of the Prescribed Rate of Interest Act, 55 of 1975, clearly provides that interest is payable on judgment debts, including costs orders, from the date payment becomes due unless the order states otherwise. The definition of 'judgment debt' in the Act explicitly includes costs orders. The applicant's argument that costs orders are different from other monetary orders was rejected as baseless. The court found that the first respondent was entitled to interest on the taxed costs from the date payment became due, and that the writ of execution for interest on costs w…
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Solum Civils (Pty) Ltd v Tiger Business Enterprises CC and Another (55947 /2022) [2023] ZAGPJHC 1462 (14 December 2023)
The High Court granted provisional sentence against the first defendant on an acknowledgement of debt, but dismissed the claim against the surety.
Road Accident Fund v Lombard and Another (74084/2019) [2023] ZAGPPHC 1937 (16 November 2023)
The High Court condoned late filing and varied an earlier order to include interest on a RAF judgment debt, confirming that such interest runs ex lege.
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