South Africa Case Law

South Africa Riding for the Disabled Association v Regional Land Claims Commission, Western Cape and Others

SARDA lacked standing because the Constitutional Court's 2017 judgment finally determined that its interest in the restitution proceedings was limited to compensation. SARDA did not bring a proper rescission application against that 2017 order and was therefore not entitled to try to re-open or undermine it through an appeal against the Land Court's 2024 order. Since standing was absent, leave to appeal had to be refused, with costs.

Source excerpt

• Standing
• Intervention
• Rescission
• Finality of judgments
• Costs
• Lawful occupier compensation

Die Nederduitsch Hervormde Kerk van Afrika and Others v Die Wilge Hervormde Gemeente and Others (1089/2022)

Die Nederduitsch Hervormde Kerk van Afrika and Others v Die Wilge Hervormde Gemeente and Others (1089/2022) [2024] ZASCA 128 (30 September 2024)

Court

Supreme Court of Appeal

Case number

1089/2022

Judges

Schippers, Mabindla-Boqwana, Smith, Keightley, Hendricks

The Supreme Court of Appeal upheld an appeal, joined four intervening congregations, and remitted a church-property dispute after the high court raised privity of contract mero motu.

• Joinder Of Parties
• Privity Of Contract
• Authority To Alienate Property
• Church Governance
• Mootness
• Intervention Applications

Sundays River Citrus Company (Pty) Ltd and Another, In re: Bouwer v Lonetree Citrus CC and others (1626/2024; 1623/2024)

Sundays River Citrus Company (Pty) Ltd and Another, In re: Bouwer v Lonetree Citrus CC and others (1626/2024; 1623/2024) [2024] ZAECQBHC 56; [2025] 1 All SA 571 (ECP); 2025 (1) SA 529 (ECGq) (17 September 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

1626/2024; 1623/2024

Judge

Govindjee

High Court held that court-ordered business rescue begins only when the order is granted; SRCC could intervene only where it remained an affected person.

• Business Rescue
• Affected Persons
• Creditor Definition
• Statutory Interpretation
• Intervention Rights
• Business-rescue

Trustees of the N Georgiou Trust and Another; Poole v Saffy N.O (2566/2021)

Trustees of the N Georgiou Trust and Another; Poole v Saffy N.O (2566/2021) [2024] ZAGPPHC 282 (18 March 2024)

Court

North Gauteng High Court, Pretoria

Case number

2566/2021

Judge

HF Jacobs

The High Court refused leave to appeal against dismissal of a trust’s intervention and postponement applications in sequestration proceedings, finding no reasonable prospects of success.

• Leave To Appeal
• Intervention In Sequestration
• Business Rescue Plan
• Standing Of Trustees
• Interpretation Of Trust Deed
• Leave-to-appeal

Mawere v Master Of The High Court Of South Africa and Another (123899/2023 ; 040602/2016)

Mawere v Master Of The High Court Of South Africa and Another (123899/2023 ; 040602/2016) [2023] ZAGPJHC 1412 (5 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

123899/2023

Judge

Pearse AJ

The High Court struck an urgent application from the roll for lack of urgency, allowed SMM Holdings to intervene, and ordered the applicant to show cause on contempt.

• Sequestration Order
• Locus Standi
• Vexatious Litigant
• Urgent Application
• Contempt Of Court
• Urgent-applications

Sequeira v Standard Bank of South Africa Ltd and Others (45914/2021)

Sequeira v Standard Bank of South Africa Ltd and Others (45914/2021) [2023] ZAGPJHC 1272 (27 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

45914/2021

Judge

Carrim

The court granted a spouse leave to intervene in a bank’s enforcement proceedings, finding she had a direct financial interest arising from marriage in community of property.

• Intervention Under Rule 12
• Joint Estate Liability
• Mortgage Bond Enforcement
• National Credit Act Notices
• Specific Executability
• Intervention

Villa Retail Park Investments (Pty) Ltd and Others v Lombaard and Others (35617/2022)

Villa Retail Park Investments (Pty) Ltd and Others v Lombaard and Others (35617/2022) [2023] ZAGPPHC 1118 (15 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

35617/2022

Judge

Janse van Nieuwenhuizen

The High Court granted property owners leave to intervene in forfeiture-related proceedings because the case could affect their proprietary rights.

• Joinder Of Parties
• Direct And Substantial Interest
• Banks Act Section 11
• Preservation Of Property
• Prevention Of Organised Crime Act
• Joinder

Naude and Another v Louis Pasteur Medical Investments (Pty) Ltd and Others (31/2021)

Naude and Another v Louis Pasteur Medical Investments (Pty) Ltd and Others (31/2021) [2022] ZASCA 139 (24 October 2022)

Court

Supreme Court of Appeal

Case number

31/2021

Judges

Zondi, Molemela, Hughes, Goosen, Siwendu

The Supreme Court of Appeal held that a business rescue appeal was moot after settlement between the main parties, struck Lenmed’s intervention from the roll, and awarded punitive costs.

• Business Rescue
• Creditor Standing
• Intervention Application
• Mootness
• Costs Order
• Business-rescue

Observatory Civic Association v Aufrichtig N.O. and Others (14195/2022)

Observatory Civic Association v Aufrichtig N.O. and Others (14195/2022) [2022] ZAWCHC 189 (20 September 2022)

Court

Western Cape High Court, Cape Town

Case number

14195/2022

Judge

M J Dolamo

The High Court struck an urgent application for an interim interdict off the roll for lack of urgency and granted leave to intervene to the Goringhaicona Khoi Khoin Indigenous Traditional Council.

• Interim Interdict
• Urgency
• Contempt Of Court
• Interpretation Of Court Orders
• Rule 6 12 Procedure
• Interim-interdict

KS Machinery and Equipment FZCO v Murry N.O. and Others (2020/002686)

KS Machinery and Equipment FZCO v Murry N.O. and Others (2020/002686) [2021] ZAGPJHC 746 (29 November 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2020/002686

Judge

Turner AJ

The court admitted a liquidators’ late affidavit, referred the ownership dispute over trucks to trial, and ordered the applicant to pay intervention and later costs.

• Interim Relief
• Ownership Dispute
• Liquidation Proceedings
• Costs Award
• Referral To Trial
• Civil-procedure