South Africa Case Law

a)BNP Paribas v Competition Commission of South Africa

The Commission had not appealed CAC I and had accepted it by filing the superseding affidavit in purported compliance with its orders; accordingly the section 3(1) rulings in CAC I were res judicata and perempted. The Act did not prohibit post-referral joinder, and no fresh initiation was required for further respondents. On the merits, only JPM Bank and SAI succeeded for the Commission, while CSS succeeded in resisting joinder; most other factual challenges failed because they raised no legal error engaging constitutional appellate jurisdiction. BNP’s vague-and-embarrassing exception was not…

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• Leave to appeal
• Exception procedure
• Joinder
• Complaint initiation
• Personal jurisdiction
• Subject matter jurisdiction

OSZ Tayob Trading Pietersburg (Pty) Ltd t/a EH Hassim v Ramusi and Others (Leave to Appeal) (4307/2022)

OSZ Tayob Trading Pietersburg (Pty) Ltd t/a EH Hassim v Ramusi and Others (Leave to Appeal) (4307/2022) [2025] ZALMPPHC 144 (30 July 2025)

Court

Limpopo High Court, Polokwane

Case number

4307/2022

Judge

M.I. Mangena

The High Court refused leave to appeal against an order authorising execution against immovable property, holding the alleged errors did not undermine the substantive order.

• Leave To Appeal
• Special Executability
• Joinder
• Rule 46a
• Estate Liability
• Leave-to-appeal

Z.M and Another v A.F and Others (4637/2022)

Z.M and Another v A.F and Others (4637/2022) [2025] ZAECMHC 47 (5 June 2025)

Court

Eastern Cape High Court, Mthatha

Case number

4637/2022

Judge

Mhambi

The court held that it has the inherent power to compel DNA testing in paternity disputes involving adults. However, the respondents' insistence on exhuming the deceased's remains for DNA testing was found to be unnecessarily drastic and contrary to public morals and policy, given that alternative methods—such as testing living relatives—are available and sufficient for determining paternity. The court rejected the points in limine regarding non-joinder, finding that neither the respondents' mother nor the Master of the High Court had a direct and substantial interest in the relief sought. Co…

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• Paternity Dispute
• Dna Testing
• Deceased Estate Inheritance
• Joinder
• Condonation
• Costs Award

Sourceworks (Pty) Ltd v Datacentrix (Pty) Ltd (2024/065728)

Sourceworks (Pty) Ltd v Datacentrix (Pty) Ltd (2024/065728) [2025] ZAGPJHC 470 (19 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/065728

Judge

S D J Wilson

The High Court held that a company-to-company undertaking to remove an employee from a project was unenforceable and contrary to public policy.

• Restraint Of Trade
• Public Policy
• Joinder
• Interdictory Relief
• Restraint-of-trade
• Public-policy

Kerja (Pty) Ltd v Milga Properties (Pty) Ltd (Leave to Appeal) (2024-049477)

Kerja (Pty) Ltd v Milga Properties (Pty) Ltd (Leave to Appeal) (2024-049477) [2025] ZAGPPHC 478 (16 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024-049477

Judge

Maier-Frawley

The High Court dismissed Kerja’s application for leave to appeal against an eviction order, finding no reasonable prospects of success.

• Eviction
• Lease Cancellation
• Leave To Appeal
• Joinder
• Consumer Protection Act
• Integration Rule

Aloe Homeowner's Association, Albertinia v Trustees for the time being of Liebenberg Trust and Another (17928/2022)

Aloe Homeowner's Association, Albertinia v Trustees for the time being of Liebenberg Trust and Another (17928/2022) [2025] ZAWCHC 206 (16 May 2025)

Court

Western Cape High Court, Cape Town

Case number

17928/2022

Judge

Mthimunye

The High Court dismissed both a homeowners association's transfer application and the trust's counterapplication, finding disputes of fact over the validity of the 2021 constitution.

• Transfer Of Ownership
• Homeowners Association Constitution
• Declaratory Relief
• Joinder
• Arbitration Clause
• Administrative Action Review

Wesbank, A Division of Firstrand Bank Limited v Bohlale Mothipa Group (Pty) Ltd and Another (120260/2023)

Wesbank, A Division of Firstrand Bank Limited v Bohlale Mothipa Group (Pty) Ltd and Another (120260/2023) [2025] ZAGPPHC 501 (15 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

120260/2023

Judge

H F Jacobs

The court found that the National Credit Act does not apply to the agreement in question because the first respondent is a juristic person with turnover exceeding the statutory threshold, rendering the agreement a 'large agreement.' The respondents' denial of this fact was found to be bold and sketchy, lacking particularity. The court held that the applicant was not required to attach a certificate of registration as a credit provider. The respondents failed to show compliance with the agreement, entitling the applicant to cancel the contract and claim return of the vehicle. The dilatory defe…

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• Summary Judgment
• National Credit Act
• Joinder
• Customary Marriage
• Matrimonial Property Act
• Large Agreement

SAMWU Polokwane Workers Fund and Others v Tshidiso Business Enterprise CC and Another (Reasons) (11541/2023)

SAMWU Polokwane Workers Fund and Others v Tshidiso Business Enterprise CC and Another (Reasons) (11541/2023) [2025] ZALMPPHC 92 (9 May 2025)

Court

Limpopo High Court, Polokwane

Case number

11541/2023

Judge

M Mangena

The High Court rescinded a 18 March 2025 order because SAMWU was not deliberately absent and Standard Bank had been included without proper joinder.

• Rescission Of Judgment
• Procedural Irregularity
• Duty Of Full Disclosure
• Joinder
• Rule Nisi
• Rescission-of-judgment

Chundhur v Rampersad (D7934/2020)

Chundhur v Rampersad (D7934/2020) [2025] ZAKZDHC 24 (8 May 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D7934/2020

Judge

Henriques

The court found that while the applicant was entitled to seek relief for the encroachment, the circumstances of the case, including the history of the sectional title scheme, the conduct of the parties, and the disproportionate cost of demolition, rendered compensation a fair and equitable remedy. The respondent admitted the encroachment and tendered compensation. The court accepted the respondent's valuation of R11,500.00 as market-related and realistic. The points in limine regarding non-joinder and lis pendens were dismissed, as neither the body corporate, municipality, nor CSOS had a dire…

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• Encroachment
• Neighbour Law
• Compensation For Encroachment
• Joinder
• Lis Pendens
• Sectional Title Schemes

OSZ Tayob Trading Pietersburg (Pty) Ltd t/a EH Hassim v Ramusi and Others (4307/2022)

OSZ Tayob Trading Pietersburg (Pty) Ltd t/a EH Hassim v Ramusi and Others (4307/2022) [2025] ZALMPPHC 87 (6 May 2025)

Court

Limpopo High Court, Polokwane

Case number

4307/2022

Judge

M Mangena

The High Court declared two immovable properties specially executable to satisfy a judgment debt, rejecting non-joinder and estate-administration objections.

• Declaration Of Executability
• Joinder
• Administration Of Estates Act
• Rule 46a Uniform Rules
• Sale In Execution
• Rule-46a