South Africa Case Law

Jamco Supplies CC v Preference Capital (Pty) Ltd (2025/103438)

Jamco Supplies CC v Preference Capital (Pty) Ltd (2025/103438) [2025] ZAGPJHC 758 (29 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/103438

Judge

BC Wanless

The court held that the perfection order granted to the respondent did not authorise the respondent or the sheriff to deny the applicant access to its business premises or to prevent it from trading. The language of the order was clear and did not contain any provision permitting the locking of the premises or exclusion of the applicant. The respondent could have sought such relief in its perfection application or approached the court for further relief, but failed to do so. The respondent's reliance on Contract Forwarding was misplaced, as the facts and the terms of the order in that case we…

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• Urgent Interdict
• Perfection Of Notarial Bond
• Access To Business Premises
• Interpretation Of Court Orders

Van Zyl v Muller (Reasons) (14435/2024)

Van Zyl v Muller (Reasons) (14435/2024) [2025] ZAWCHC 153 (28 March 2025)

Court

Western Cape High Court, Cape Town

Case number

14435/2024

Judge

Parker AJ

The court found that the applicant failed to prove that the respondent was in willful and mala fide default of the George Regional Court order. The dispute between the parties centered on the interpretation of the order, specifically whether the applicant was entitled to 23.5% of the gross value or net proceeds of the property. The respondent had engaged in negotiations and attempted to settle the amount due, demonstrating substantial compliance with the order. The court held that contempt proceedings were not competent in circumstances where the real issue was the meaning of the order, and t…

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• Civil Contempt Of Court
• Interpretation Of Court Orders
• Property Sharing Agreements
• Enforcement Of Judgments

Petrefuel (Pty) Ltd v Tarsica Investments No 7 CC and Others (3424/2024)

Petrefuel (Pty) Ltd v Tarsica Investments No 7 CC and Others (3424/2024) [2024] ZAWCHC 358 (11 November 2024)

Court

Western Cape High Court, Cape Town

Case number

3424/2024

Judge

A Bhoopchand

The High Court held that an earlier order required removal, not mere securing, of underground fuel tanks, and dismissed an urgent contempt application with costs.

• Contempt Of Court
• Interpretation Of Court Orders
• Specific Performance
• Fuel Supply Agreements
• Urgent Applications
• Contempt-of-court

C.E v N.E (EL 1710 / 2022)

C.E v N.E (EL 1710 / 2022) [2024] ZAECELLC 36 (9 July 2024)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 1710 / 2022

Judge

A M Bodlani

The High Court varied a Rule 43 maintenance order, holding that the R15,000 payment was not for accommodation only but cash maintenance. It reduced the amount to R4,000 per month.

• Maintenance Variation
• Interpretation Of Court Orders
• Uniform Rule 43
• Cash Maintenance
• Change In Circumstances
• Maintenance-variation

Regiments Fund Managers (Pty) Ltd and Others v Nel and Another (2022-007672)

Regiments Fund Managers (Pty) Ltd and Others v Nel and Another (2022-007672) [2024] ZAGPJHC 244 (8 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022-007672

Judge

Vally

On leave to appeal, the High Court held the applicants’ directors lacked authority to litigate under a confiscation order, but granted leave to the full bench.

• Locus Standi
• Authority Of Company Directors
• Confiscation Order
• Prevention Of Organised Crime Act
• Interpretation Of Court Orders
• Locus-standi

Nkuna v Collins Chabane Local Municipality and Another (350/2017)

Nkuna v Collins Chabane Local Municipality and Another (350/2017) [2024] ZALMPTHC 12 (12 January 2024)

Court

Limpopo High Court, Thohoyandou

Case number

350/2017

Judge

Monene

The High Court dismissed a contempt application, holding that the urgent interdict was limited to a specific 19 June 2020 sale and not an ongoing restraint.

• Contempt Of Court
• Interpretation Of Court Orders
• Interdictory Relief
• Contempt-of-court
• Interpretation-of-court-orders
• Interdicts

Polokwane Local Municipality v Parkpoint (Pty) Ltd (1236/2023)

Polokwane Local Municipality v Parkpoint (Pty) Ltd (1236/2023) [2023] ZALMPPHC 110 (15 November 2023)

Court

Limpopo High Court, Polokwane

Case number

1236/2023

Judge

Kgatla

The court found that the order of Naude-Odendaal J suspended the operation of the rule nisi pending the finalization of the arbitration proceedings, not merely the issuing of the arbitration award. The arbitration award postponed the determination of quantum sine die, and the respondent disputes the amount claimed by the applicant. As there is no agreement on the quantum, the arbitration proceedings are not finalized. The applicant must enroll the matter for determination of quantum before the arbitrator. Consequently, the suspensive condition has not been fulfilled, and the application to re…

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• Rule Nisi
• Arbitration Award Enforcement
• Interpretation Of Court Orders
• Quantum Determination

Hulisani Viccel Sithangu v Capricorn District Municipality (593/2022)

Hulisani Viccel Sithangu v Capricorn District Municipality (593/2022) [2023] ZASCA 151 (14 November 2023)

Court

Supreme Court of Appeal

Case number

593/2022

Judges

Zondi, Makgoka, Carelse, Mothle, Hughes

The Supreme Court of Appeal granted special leave, but dismissed an appeal about whether firefighters caused the applicant’s heel injury.

• Misjoinder
• Vicarious Liability
• Interpretation Of Court Orders
• Separation Of Issues
• Onus Of Proof
• Interpretation-of-court-orders

Beefcor (Pty) Ltd v De Freitas and Others (13551/2018)

Beefcor (Pty) Ltd v De Freitas and Others (13551/2018) [2023] ZAGPJHC 508 (18 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

13551/2018

Judge

C.E Thompson

The High Court varied a prior costs order to reflect joint and several liability, dismissed the second defendant’s application, and upheld costs against it.

• Costs Orders
• Joint And Several Liability
• Rule 42 Variation
• Interpretation Of Court Orders
• Civil-procedure
• Costs-orders

Moshe and Others v Minister Of Agriculture, Land Reform And Rural Development (CIV APP FB 14/2022; UM131/2019)

Moshe and Others v Minister Of Agriculture, Land Reform And Rural Development (CIV APP FB 14/2022; UM131/2019) [2023] ZANWHC 39; [2023] 2 All SA 776 (NWM) (14 April 2023)

Court

North West High Court, Mafikeng

Case number

CIV APP FB 14/2022; UM131/2019

Judges

Petersen, FMM Reid, A Reddy

The High Court upheld the appeal, finding the court a quo wrongly granted final interdictory relief where only interim relief was sought and PIE Act procedures were not followed.

• Prevention Of Illegal Eviction Act
• Final Interdict
• Spoliation
• Eviction Procedure
• Interpretation Of Court Orders
• Rule Nisi