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South Africa decisions
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N.S v A.D (2022/257) [2025] ZAGPJHC 632 (20 June 2025)
The High Court dealt with a Rule 30/30A challenge, set aside an irregular notice of motion, struck out an improper paragraph, and granted leave for a supplementary affidavit.
Ditiro Works (Pty) Ltd and Another v City of Tshwane Metropolitan Municipality and Others (B39602/2022) [2025] ZAGPPHC 490 (14 May 2025)
The court found that the delivery of the new combined summons under the same case number did not constitute an irregular step as pleaded by the defendants. The striking out of a combined summons for non-compliance with rule 18 does not terminate the action but merely destroys the defective pleading, allowing the plaintiff to amend or deliver a new pleading. The court order striking out the original summons did not intend to end the action, as evidenced by the costs order. The defendants' argument that the claim was prescribed if a new case number was used was rejected, as prescription would n…
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S v Tyali (Special Review) (RCUMB87/23 ; 217834) [2025] ZAECMHC 43 (29 April 2025)
The High Court set aside Regional Court proceedings held without assessors in a murder trial and remitted the matter to a different magistrate.
Smit v Standard Bank of South Africa Ltd (010734/2023) [2025] ZAGPPHC 309 (28 March 2025)
The court found that the respondent failed to comply with Rule 32(2)(c) of the Uniform Rules of Court by not stating a specific hearing date in its summary judgment application. The Practice Directive cannot override the Uniform Rules, and compliance with the Directive does not excuse non-compliance with the Rules. The omission constituted an irregular proceeding under Rule 30. The respondent is afforded 30 days to amend its notice to comply with Rule 32(2)(c). Costs are awarded on a party and party scale, and the request for costs de bonis propriis is rejected as unwarranted in the circumsta…
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Standard Bank of South Africa Limited v Moloisane (2019/38095) [2025] ZAGPJHC 203 (5 March 2025)
The High Court dismissed Standard Bank’s Rule 30 strike-out application, holding that no prejudice was shown from the missing notice of motion in the respondent’s lay-drafted stay and rescission application.
Special Investigating Unit and Others v Lekabe (GP09/2019; GP/22/2021) [2025] ZAST 6 (4 March 2025)
The Tribunal found that both the 7 and 11 February 2025 third party notices were defective and irregular, as they failed to comply with the requirements of the Uniform Rules of Court and the Tribunal Rules. The respondent's attempt to use a hybrid process by combining elements of both sets of rules was impermissible. The Tribunal held that service by email alone did not satisfy the procedural requirements for third party notices, and that the applicants, as dominus litis, were entitled to receive all relevant documents. The respondent's withdrawal notice did not specify which notice was being…
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Risimati Steven Construction CC v University of Venda (1872/2023) [2025] ZALMPPHC 32 (20 February 2025)
The High Court dismissed an application to set aside a combined summons as an irregular step, finding Rule 30/30A non-compliance and no bar from arbitration.
South Africa Municipal Workers Union v Mahlomoyane and Other (2023/014975) [2024] ZAGPJHC 1175 (12 November 2024)
The court held that the late filing of amended pages under Rule 28(5) does not render the amendment a nullity, but may be considered irregular. However, the applicant failed to seek the setting aside of the amended pages and did not demonstrate any substantive prejudice resulting from the alleged irregularity. The application to set aside the notice of bar was therefore dismissed, and the applicant was ordered to deliver its plea within five days and pay the costs of the application. The court emphasized that procedural rules should not be rigidly enforced to the detriment of justice and the…
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S.T.C v K.Z.K (069787/2023) [2024] ZAGPJHC 1066 (21 October 2024)
The court found that the applicant, an admitted advocate, failed to provide a satisfactory and detailed explanation for the delay in filing his plea and did not disclose prospects of success in his founding affidavit. His conduct demonstrated disregard for the rules, including failure to serve the application, upload documents, and comply with procedural requirements. The applicant's constitutional right to access the court does not override the necessity to comply with procedural rules and requirements for condonation. Regarding the counterclaim, the court held that it was not delivered simu…
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Liberty Group Limited and Others v Tikka n Kebab CC t/a Ghazal Express and Another (038205/2023) [2024] ZAGPPHC 1020 (16 October 2024)
The High Court set aside a late second notice of amendment as an irregular step after plaintiffs missed a court-ordered deadline without seeking condonation.
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