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South Africa decisions
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Amafana-Nkosi Royal Families v Magadla and Others (3802/2021) [2025] ZAECMHC 67 (19 June 2025)
The court dismissed an application by Amafana-Nkosi Royal Families to intervene in a rescission matter, finding they lacked a direct and substantial interest.
Mokhatla and Others v Ntsuseng and Others (2022/554) [2024] ZAGPJHC 498 (21 May 2024)
Urgent spoliation application dismissed for defective papers, poor service, misjoined parties, and non-compliance with urgent motion practice rules.
Rheinland Filling Station (Pty) Ltd and Others v Mphosi and Others (24/000484) [2024] ZAGPJHC 44 (25 January 2024)
The court found that the applicants were in peaceful and undisturbed possession of the fuel service stations and convenience stores at the relevant sites, as evidenced by bank statements, payroll records, and the respondents' own admissions regarding the arrangement for revenue collection. The respondents' actions in changing cash handling procedures, replacing speed-point machines, and diverting revenue constituted unlawful dispossession. The merits of ownership or entitlement to revenue are irrelevant at this stage; the focus is on possession and the prohibition of self-help. The applicatio…
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Spectrum-Alert ITS (Pty) Ltd and Others v ABSA Bank Limited and Others (108/2023) [2023] ZAECQBHC 21 (31 March 2023)
The High Court held that a disputed shareholders meeting was invalid, set aside the director changes, granted interdictory relief, and dismissed a counter-application and intervention.
van Eck and Another v Standard Bank of South Africa Limited and Others [2023] ZAGPPHC 150; 46944/2018 (23 February 2023)
The court found that the applicants, in their personal capacities, failed to establish a direct and substantial legal interest in the subject matter of the main action. Their claimed enrichment interest, arising from improvements made to the farm, did not constitute a right that would be prejudicially affected by the outcome of the main proceedings between Standard Bank and the trustees of the Randland Trust. The applicants were already cited as defendants in their capacities as trustees and retained the ability to institute a separate enrichment claim. No evidence was presented to show that…
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Mooville (Pty) Ltd and Another v Land and Agricultural Bank of South Africa and Others (2667/17) [2019] ZAECPEHC 42 (9 July 2019)
The court granted two applicants leave to intervene in a forfeiture-related application, finding they had a direct and substantial interest arising from a deed of sale.
Police & Prisons Civil Rights Union In Re: South African Police Services v Jantjies NO and Another (PR314/2017) [2019] ZALCPE 11 (11 June 2019)
The court found that POPCRU, as a representative trade union with members employed by SAPS and as a party to the relevant collective agreement, has a direct and substantial interest in the outcome of the main application. The disciplinary process under clause 9 of the SAPS Regulations affects POPCRU's members, and the interpretation of these regulations is central to the dispute. The court held that POPCRU's intervention would not merely duplicate SAPS's arguments, as POPCRU advanced distinct grounds relating to procedural fairness and the proper application of the Regulations. The court appl…
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Galaxy Bingo Pavilion (Pty) Ltd and Others v Peermont Global KZN (Pty) Ltd and Others (14006/16P) [2018] ZAKZPHC 11 (17 April 2018)
The High Court dismissed a stay application based on lis alibi pendens, holding that Peermont was not yet a party to the related review proceedings.
Nkosi and Others v Nkabinde and Others; In re: Nkabinde and Others v Mhlongo and Others (J1932/17) [2017] ZALCJHB 369 (10 October 2017)
The court found that the applicants, comprising union officials, employees, and members, have a direct and substantial interest in the outcome of the main urgent application, as any order could affect the union's governance, operations, and the rights of its members. The union's current state of paralysis, factionalism, and lack of a properly constituted NOBC and NEC meant that all stakeholders, especially ordinary members, are at risk of prejudice. The court held that the distinction between the union and its members is artificial in this context, as the union cannot exist without its member…
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Mulaudzi v Old Mutual Life Insurance Company (South Africa) Limited and Others, National Director of Public Prosecutions and Another v Mulaudzi (98/2016, 210/2015) [2017] ZASCA 88; [2017] 3 All SA 520 (SCA); 2017 (6) SA 90 (SCA) (6 June 2017)
The court refused condonation and reinstatement of Mr Mulaudzi's lapsed appeal due to unreasonable delay and inadequate explanation. The evidence showed that Mr Mulaudzi was not entitled to the proceeds of the policy, having ceded all rights to Nedbank, and his appropriation of the funds constituted fraud and theft. The discharge of the provisional restraint order by Hlophe JP was set aside due to reasonable apprehension of bias, as the judge allocated the matter to himself and was represented by the same attorney as Mr Mulaudzi, failing to properly consider the evidence. The trustees of the…
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