South Africa Case Law

Road Accident Fund v Commissioner for the South African Revenue Service and Another (Reasons) (019721/2025)

Road Accident Fund v Commissioner for the South African Revenue Service and Another (Reasons) (019721/2025) [2025] ZAGPPHC 357 (22 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

019721/2025

Judge

R Tolmay

The High Court refused leave to appeal against an interim order, finding it was not final, definitive, or substantially dispositive of the main dispute.

• Appealability Of Interim Orders
• Interlocutory Relief
• Costs Orders
• Intergovernmental Relations Framework Act
• Appealability-of-interim-orders
• Interlocutory-relief

AD Trade Belgium SPRL Private Limited v Central Bank of the Republic of Guinea (57858/2021)

AD Trade Belgium SPRL Private Limited v Central Bank of the Republic of Guinea (57858/2021) [2025] ZAGPPHC 180 (18 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

57858/2021

Judge

L.A. Retief

The High Court dismissed a Rule 21 application for further particulars because it did not relate to the issues separated under a prior Rule 33(4) order.

• Rule 21 Further Particulars
• Separation Of Issues
• Interlocutory Relief
• Costs Order
• Rule-21-further-particulars
• Rule-33-4-separation-order

D.M v D.M

D.M v D.M [2025] ZAGPJHC 31; [2025] 2 All SA 398 (GJ); 2025 (4) SA 183 (GJ) (28 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2021-043212

Judge

A Friedman

The court held that section 7 of the Matrimonial Property Act requires a spouse to furnish full particulars of the value of their estate upon request, and this duty arises during divorce proceedings, not only upon dissolution of the marriage. However, the court retains a discretion to regulate its own process and may refuse to compel compliance with a section 7 notice if it is impractical, premature, or prejudicial. In this case, the respondent failed to demonstrate any compelling reason to resist disclosure, and no real prejudice would result from granting the application. The pending separa…

Source excerpt

• Matrimonial Property Act
• Accrual System
• Duty Of Disclosure
• Beneficial Ownership
• Interlocutory Relief

Mwansa v Rand Water (J501/24)

Mwansa v Rand Water (J501/24) [2024] ZALCJHB 386 (17 September 2024)

Court

Labour Court Johannesburg

Case number

J501/24

Judge

Myburgh

The Labour Court ordered Rand Water to let the applicant access her work tools, laptop and computer network, and to preserve and decrypt laptop data.

• Access To Work Tools
• Interlocutory Relief
• Computer Network Access
• Labour-law
• Interlocutory-relief
• Workplace-data-access

Eskom Holdings SOC Ltd v City of Johannesburg Metropolitan Municipality and Others (2024/075944)

Eskom Holdings SOC Ltd v City of Johannesburg Metropolitan Municipality and Others (2024/075944) [2024] ZAGPJHC 882 (6 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/075944

Judge

G S Myburgh

The High Court struck Eskom’s urgent application from the roll, holding that it failed to show exceptional urgency for its large money claims.

• Urgent Motion
• Money Claim
• Bulk Electricity Supply
• Interlocutory Relief
• Urgent-motion
• Money-claims

Brevis v Road Accident Fund (39035/2018)

Brevis v Road Accident Fund (39035/2018) [2024] ZAGPJHC 725 (12 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

39035/2018

Judge

Windell

The court held that the RAF cannot be compelled to file a summary of its neurologist's expert opinion under Rule 36(9)(b) when no report exists and the RAF has elected not to call any expert witnesses. The application was brought under Rule 36(9), which only applies where a party intends to call an expert witness and has a summary to provide. The court declined to evaluate the RAF's obligations under Rule 36(8) in the absence of proper argument and given the application was not brought under that rule. Accordingly, the relief sought was not competent and the application was dismissed.

Source excerpt

• Uniform Rules Of Court Rule 36
• Expert Evidence
• Medical Examination
• Interlocutory Relief

Brevis v Road Accident Fund (39035/2018)

Brevis v Road Accident Fund (39035/2018) [2024] ZAGPJHC 750 (12 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

39035/2018

Judge

Windell

The High Court dismissed an application to compel the Road Accident Fund to file a Rule 36(9)(b) expert summary for a neurologist it had not elected to call.

• Uniform Rules Of Court Rule 36
• Expert Evidence
• Interlocutory Relief
• Civil-procedure
• Expert-evidence
• Interlocutory-relief

Minister of Justice, Constitutional Development and Correctional Services and Others v Kramer and Another (A2024/013109)

Minister of Justice, Constitutional Development and Correctional Services and Others v Kramer and Another (A2024/013109) [2024] ZAGPJHC 388; 2024 (2) SACR 351 (GJ) (27 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A2024/013109

Judges

Wright, PP Makume, PP Weideman

The High Court does not have jurisdiction under section 18 of the Superior Courts Act to enforce or declare operational an order of the Supreme Court of Appeal pending an appeal to the Constitutional Court. The inherent power to regulate and protect a court's own process is vested in each court for its own proceedings, and the SCA alone has jurisdiction to enforce its orders. Section 42 of the Superior Courts Act concerns the execution of process, not the jurisdiction to implement or suspend orders pending appeal. Allowing provincial divisions to enforce SCA orders would risk inconsistent out…

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• Superior Courts Act Section 18
• Jurisdiction Of High Court
• Execution Of Orders
• Constitutional Court Appeals
• Interlocutory Relief
• Enforcement Of Sca Orders

Ethiopian Chruch of Southern Africa and Others v Hash Tag Management and Others (561/2023)

Ethiopian Chruch of Southern Africa and Others v Hash Tag Management and Others (561/2023) [2023] ZAECBHC 27 (14 September 2023)

Court

Eastern Cape High Court, Bhisho

Case number

561/2023

Judge

Z.Z. Matebese

The High Court granted urgent relief suspending Magistrates’ Court judgments pending appeal and barred interference with church bank accounts.

• Interlocutory Relief
• Suspension Of Execution Pending Appeal
• Urgent Application
• Bank Account Access
• Urgent-application
• Suspension-of-execution-pending-appeal

National Director of Public Prosecutions v Mkhize and Another (7419/2021P)

National Director of Public Prosecutions v Mkhize and Another (7419/2021P) [2023] ZAKZPHC 76 (10 August 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

7419/2021P

Judge

Nicholson AJ

The High Court allowed the NDPP to file a further affidavit in a POCA forfeiture matter, finding the evidence was material, non-prejudicial, and in the interests of justice.

• Interlocutory Relief
• Filing Of Further Affidavit
• Asset Forfeiture
• Prevention Of Organised Crime Act
• Judicial Discretion
• Interlocutory-relief