South Africa Case Law

Kunsani v Minister of Police and Others (3635/2022)

Kunsani v Minister of Police and Others (3635/2022) [2025] ZAECMHC 34 (6 May 2025)

Court

Eastern Cape High Court, Mthatha

Case number

3635/2022

Judge

N Cengani-Mbakaza

The court found that the defendants' arguments regarding misjoinder and non-joinder of IPID were without merit. IPID's independent investigative role does not make it a necessary party to the proceedings, nor does it relieve the defendants of their obligation to discover documents accessible to them. The Minister of Police is vicariously liable for the actions of SAPS members, and the defendants, as properly cited litigants, must comply with discovery obligations under Rule 35(3). The relevance of the documents sought is for the plaintiff to determine, and any objections to relevance can be a…

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• Discovery Procedure
• Rule 35
• Joinder And Non Joinder
• Vicarious Liability
• Fair Trial Rights

Lubisi t/a Ngceshe Farming v Nkosi and Others (5558/2024)

Lubisi t/a Ngceshe Farming v Nkosi and Others (5558/2024) [2024] ZAMPMBHC 80 (13 November 2024)

Court

Mbombela High Court, Mpumalanga

Case number

5558/2024

Judge

TV Ratshibvumo

The High Court granted a spoliation order restoring the applicant’s possession of land at Kanyamazane after alleged unlawful dispossession and interdicting further interference.

• Mandament Van Spolie
• Unlawful Dispossession
• Urgent Interdict
• Joinder And Non Joinder
• Municipal Land Dispute
• Mandament-van-spolie

Sejake v Ratlou Local Municipality and Others (UM185/2022)

Sejake v Ratlou Local Municipality and Others (UM185/2022) [2023] ZANWHC 205 (17 November 2023)

Court

North West High Court, Mafikeng

Case number

UM185/2022

Judge

Moagi

The court found that the applicant had established urgency under Rule 6(12) due to the immediate and ongoing harm caused by the attachment of his salary, which prevented him from meeting monthly obligations. The judgment of Reid J, although arguably interlocutory, had a substantial and immediate effect on the applicant's rights and finances. In the interests of justice, and considering the harm suffered, the court deemed it appropriate to suspend and stay the writ of execution and notice of attachment pending the finalisation of the application for leave to appeal or appeal. The court also or…

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• Writ Of Execution
• Urgency Rule 6 12
• Suspension Pending Appeal
• Interlocutory Order
• Joinder And Non Joinder

Madia v B.M.R (HCA33/2022)

Madia v B.M.R (HCA33/2022) [2023] ZALMPPHC 27 (26 May 2023)

Court

Limpopo High Court, Polokwane

Case number

HCA33/2022

Judges

Naude-Odendaal, M.G. Phatudi

The High Court dismissed an appeal against a final interdict, confirming that the disputed house and erf were the same property, but clarified the wording of the order.

• Interdict
• Property Description Dispute
• Joinder And Non Joinder
• Urgent Application
• Variation Of Order
• Property-description-dispute

Makhathini Medical Waste (Pty) Ltd v MEC for Health, Kwazulu-Natal and Others (8721/2021)

Makhathini Medical Waste (Pty) Ltd v MEC for Health, Kwazulu-Natal and Others (8721/2021) [2022] ZAKZPHC 82 (7 December 2022)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

8721/2021

Judge

E Bezuidenhout

The court granted Buhle Waste leave to intervene in a tender review, but only concerning Area 2 of the medical waste contract award.

• Tender Review
• Leave To Intervene
• Preferential Procurement Policy Framework Act
• Promotion Of Administrative Justice Act
• Joinder And Non Joinder
• Exhaustion Of Internal Remedies

Slepica v Sandton Autobody, Daytona Group (Pty) Ltd (NCT/133283/2019/75(1)(b))

Slepica v Sandton Autobody, Daytona Group (Pty) Ltd (NCT/133283/2019/75(1)(b)) [2021] ZANCT 21 (20 July 2021)

Court

National Consumer Tribunal

Case number

NCT/133283/2019/75(1)(b)

Judges

FK Manamela, H Alwar, K Moodaliyar

The Tribunal upheld points in limine for misjoinder and non-joinder and dismissed the application against Daytona (Pty) Ltd, with no order as to costs.

• Joinder And Non Joinder
• Misrepresentation
• Consumer Protection Act
• Motor Industry Ombudsman
• Jurisdiction
• Points In Limine

Mothiba N.O and Others v Mothiba (10847/2011)

Mothiba N.O and Others v Mothiba (10847/2011) [2020] ZAGPPHC 707 (26 October 2020)

Court

North Gauteng High Court, Pretoria

Case number

10847/2011

Judge

Ranchod

The High Court amended a prior order to reflect the respondent’s full surname and dismissed her counter-application for rescission with costs.

• Amendment Of Court Order
• Locus Standi
• Rescission Of Judgment
• Administration Of Estates Act
• Joinder And Non Joinder
• Amendment-of-court-order

Sherenisa and Others v Minister of Safety and Security and Another (2394/09)

Sherenisa and Others v Minister of Safety and Security and Another (2394/09) [2012] ZAFSHC 30 (1 March 2012)

Court

Free State High Court, Bloemfontein

Case number

2394/09

Judge

Naidoo

The court held that the defendants are bound by the admissions made in their plea regarding the second defendant's responsibility and vicarious liability for the prosecution of the plaintiffs. Withdrawal of such admissions is not permissible without a substantive application and supporting affidavit explaining the circumstances. The defence of non-joinder or misjoinder is dilatory and must be raised before issue is joined, not at trial. As the proper procedures for amendment and joinder were not followed, and no substantive application was made, no finding of misjoinder or non-joinder can be…

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• Joinder And Non Joinder
• Admissions In Pleadings
• Vicarious Liability
• Malicious Prosecution

Mogale v Maakane and Others (1106/2010)

Mogale v Maakane and Others (1106/2010) [2010] ZANWHC 18 (29 July 2010)

Court

North West High Court, Mafikeng

Case number

1106/2010

Judge

A A Landman

The court found that the applicant failed to establish a clear right or injury justifying a final interdict against the respondents. The attempt to dissolve the traditional council was of no legal effect, as a traditional council is a permanent institution whose membership terminates only in specific circumstances prescribed by statute. The Premier's notice reconstituting the traditional council was unauthorized and defective, having been issued outside the prescribed period and failing to comply with gender representation requirements. However, in the absence of a proper application to set a…

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• Traditional Leadership And Governance
• Interdict
• Joinder And Non Joinder
• Promotion Of Administrative Justice Act
• Transitional Provisions
• Locus Standi