South Africa Case Law

Office of the Premier Free State Province v Lesiu Others (C126/2023)

Office of the Premier Free State Province v Lesiu Others (C126/2023) [2025] ZALCCT 63 (5 August 2025)

Court

Labour Court Cape Town

Case number

C126/2023

Judge

C May

The Court found that the explanation for the delay in prosecuting the review application was reasonable and covered the entire period, as the Applicant was awaiting cooperation from the First Respondent's attorney to reconstruct the lost record. The late filing of the confirmatory affidavit by the First Respondent's attorney constituted an irregular step, as it was filed out of sequence and without condonation. The First Respondent failed to provide a reasonable explanation for the late filing of his answering affidavit, and thus condonation was refused. The Applicant demonstrated good cause…

Source excerpt

• Condonation
• Reinstatement Of Review
• Irregular Step
• Practice Manual Compliance
• Record Reconstruction
• Substantive Fairness

Sabi River Share Block (Pty) Ltd t/a Sabi River Sun Resort v Gold Data Holdings (Pty) Ltd (22755/23)

Sabi River Share Block (Pty) Ltd t/a Sabi River Sun Resort v Gold Data Holdings (Pty) Ltd (22755/23) [2025] ZAWCHC 298 (21 July 2025)

Court

Western Cape High Court, Cape Town

Case number

22755/23

Judge

Njokweni

The High Court dismissed an exception and Rule 30 application attacking breach of contract pleadings, finding the objections technical, prejudicial, and an abuse of process.

• Exception Procedure
• Breach Of Contract
• Pleading Requirements
• Irregular Step
• Contractual Damages
• Attorney And Client Costs

Commissioner for the South African Revenue Service v Virgin Mobile South Africa (Pty) Ltd (1303/2023)

Commissioner for the South African Revenue Service v Virgin Mobile South Africa (Pty) Ltd (1303/2023) [2025] ZASCA 77 (4 June 2025)

Court

Supreme Court of Appeal

Case number

1303/2023

Judges

Nicholls, Keightley, Musi, Windell, Molitsoane

The Supreme Court of Appeal held that SARS cured its default by complying with a Rule 56(1) notice, so the taxpayer’s default judgment application was irregular.

• Tax Administration Act
• Default Judgment
• Irregular Step
• Condonation
• Tax Court Rules
• Rule 56 Application

Brand v Potgieter and Others (010361/2024)

Brand v Potgieter and Others (010361/2024) [2025] ZAGPJHC 561 (4 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

010361/2024

Judge

N P Mali

The High Court set aside a Companies Act referral-to-trial interlocutory application as an irregular step because the same relief was already sought in the main application.

• Irregular Step
• Section 163 Companies Act
• Oppressive Conduct
• Referral To Trial
• Costs Order
• Irregular-step

Shezi v Santam Limited (1109/2023)

Shezi v Santam Limited (1109/2023) [2025] ZAFSHC 128 (8 May 2025)

Court

Free State High Court, Bloemfontein

Case number

1109/2023

Judge

Mpama AJ

The court granted condonation, held the defendant’s dismissal application was an irregular step for lack of proper Rule 30A notice, and set it aside.

• Irregular Step
• Condonation
• Insurance Contract Dispute
• Rule 30 Application
• Late Filing
• Costs Order

Dell v Pretorious (A2024/031453, A2024/029096, A2024/030656, A2024/030263)

Dell v Pretorious (A2024/031453, A2024/029096, A2024/030656, A2024/030263) [2025] ZAGPJHC 77 (23 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A2024/031453

Judges

Windell, W.J. Du Plessis

The High Court dismissed an appeal against four magistrates’ court interlocutory orders for non-compliance with procedural rules and mootness.

• Striking Out Application
• Default Judgment
• Irregular Step
• Discovery Procedure
• Appealability Of Interlocutory Orders
• Civil-procedure

Disipi v Member of the Executive Council for Health : Northern Cape Province (183/2023 ; 182/2023)

Disipi v Member of the Executive Council for Health : Northern Cape Province (183/2023 ; 182/2023) [2024] ZANCHC 117 (13 December 2024)

Court

Northern Cape High Court, Kimberley

Case number

183/2023 ; 182/2023

Judge

MC Mamosebo

The High Court set aside two particulars of claim for failing to comply with Rule 18(4) and (10), and ordered amendment within 20 days.

• Uniform Rules Of Court
• Pleading Particularity
• Damages Quantification
• Irregular Step
• Rule 18 Compliance
• Civil-procedure

Botha v Standard Bank of South Africa Limited and Others (2021/17543)

Botha v Standard Bank of South Africa Limited and Others (2021/17543) [2024] ZAGPJHC 1118 (1 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2021/17543

Judge

Esterhuizen

The High Court held that Rule 35(12) could be used in motion proceedings without prior Rule 35(13) directions, but dismissed both the Rule 30 and compel applications.

• Discovery In Motion Proceedings
• Rule 35 Application
• Irregular Step
• Relevance Of Documents
• Prejudice Requirement
• Rule-35-12

SA Retail Properties (Pty) Limited v Black Panther Lounge (Pty) Limited and Another (2023/013774)

SA Retail Properties (Pty) Limited v Black Panther Lounge (Pty) Limited and Another (2023/013774) [2024] ZAGPJHC 1115 (1 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/013774

Judge

C Todd

The High Court dismissed an application for leave to appeal, holding there was no reasonable prospect of success and awarding costs, but not punitive costs.

• Irregular Step
• Uplifting Bar
• Rule 30
• Leave To Appeal
• Costs Order
• Leave-to-appeal

Ngwenya NO v Ngwenya NO and Another (2019/14999)

Ngwenya NO v Ngwenya NO and Another (2019/14999) [2024] ZAGPJHC 1127 (31 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2019/14999

Judge

Raubenheimer

The court struck out a late answering affidavit as an irregular step, holding that substitution had been properly effected under Rule 15 and no leave was sought for further affidavits.

• Substitution Of Parties
• Irregular Step
• Rule 15
• Rule 30
• Affidavit Striking Out
• Civil-procedure