South Africa Case Law

Hendricks v City of Cape Town and Another (12803/2024)

Hendricks v City of Cape Town and Another (12803/2024) [2025] ZAWCHC 344 (13 August 2025)

Court

Western Cape High Court, Cape Town

Case number

12803/2024

Judge

Da Silva Salie

Transnet Limited has a direct and substantial interest in the subject matter of the action, as the dispute over ownership and responsibility for the manhole directly implicates its legal interests. The risk of inconsistent judgments and prejudice to the applicant, particularly regarding the prescription period, necessitates joinder. The denial of liability by Transnet does not negate its interest; rather, the dispute itself underscores the need for its participation. Joinder will not cause undue prejudice to Transnet beyond its involvement in the proceedings, which is inherent in any joinder.…

Source excerpt

• Joinder Of Parties
• Direct And Substantial Interest
• Municipal Liability
• Prescription Period

Sheriff of High Court, Halfway House v Maepa (21581/2022)

Sheriff of High Court, Halfway House v Maepa (21581/2022) [2025] ZAGPJHC 764 (4 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

21581/2022

Judge

WJ du Plessis

The High Court set aside a prior sale in execution and authorised the Sheriff to resell the immovable property, finding nojoinder and demand objections unpersuasive.

• Sale In Execution
• Joinder Of Parties
• Mora Ex Re
• Rule 46
• Costs Order
• Sale-in-execution

Paredes-Tarazona v Worley Parsons South Africa (Pty) Ltd (23347/2014)

Paredes-Tarazona v Worley Parsons South Africa (Pty) Ltd (23347/2014) [2025] ZAGPJHC 753 (4 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

23347/2014

Judge

C Georgiades

The High Court dismissed an employee’s claim after finding no contract with the defendant and no basis for estoppel, with costs awarded against him.

• Section 197 Transfer
• Employment Contract
• Joinder Of Parties
• Retrenchment
• Estoppel
• Section-197-transfer

Mthombeni v Masuku and Others (2025-124686)

Mthombeni v Masuku and Others (2025-124686) [2025] ZAGPPHC 783 (4 August 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025-124686

Judge

E van der Schyff

The court held that the managing agent was improperly joined in a spoliation application and ordered the applicant to pay its costs on an attorney-and-client scale.

• Joinder Of Parties
• Spoliation
• Costs Orders
• Punitive Costs
• Misjoinder
• Punitive-costs

Mbonambi and Another v eJobourg Retirement Fund and Others (20601/2022)

Mbonambi and Another v eJobourg Retirement Fund and Others (20601/2022) [2025] ZAGPJHC 679 (14 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

20601/2022

Judge

GA Fourie

The court found that the Fund had complied with its statutory duty under section 37C of the Pension Funds Act by tracing and considering all potential dependants and nominees. The Fund exercised its discretion lawfully and rationally, taking into account the affidavits and evidence presented. The applicants failed to provide sufficient proof of dependency, and the Fund’s decision to allocate the death benefit solely to Mrs Mbonambi Senior was supported by rational reasons and the deceased’s nomination. The non-joinder of Mrs Mbonambi Senior did not preclude determination of the matter, as her…

Source excerpt

• Pension Funds Act
• Death Benefit Distribution
• Joinder Of Parties
• Review Of Administrative Decision

Hennie's Sports Bar Pty (Ltd) v Ryall Trading CC and Another (045487/2025)

Hennie's Sports Bar Pty (Ltd) v Ryall Trading CC and Another (045487/2025) [2025] ZAGPPHC 696 (27 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

045487/2025

Judge

Nyathi

The High Court dismissed an urgent interdict application arising from a letter of intent to buy an aircraft, finding no enforceable right without a deadlock-breaking mechanism.

• Pactum De Contrahendo
• Good Faith Negotiation
• Interim Interdict
• Joinder Of Parties
• Repudiation
• Mootness

Zisiwe v Naude N.O and Others (KP309/2018)

Zisiwe v Naude N.O and Others (KP309/2018) [2025] ZANWHC 106 (23 June 2025)

Court

North West High Court, Mafikeng

Case number

KP309/2018

Judge

Reddy

The High Court dismissed an application for further particulars in a will dispute, holding the request was not strictly necessary for trial preparation.

• Further Particulars
• Joinder Of Parties
• Trial Preparation
• Legal Privilege
• Further-particulars
• Joinder-of-parties

Ntshosa Madiba Incorporated v Mokhawane and Others (8447/2024)

Ntshosa Madiba Incorporated v Mokhawane and Others (8447/2024) [2025] ZALMPPHC 120 (23 June 2025)

Court

Limpopo High Court, Polokwane

Case number

8447/2024

Judge

Kganyago

The High Court granted the Road Accident Fund leave to intervene, discharged an ex parte rule nisi, and dismissed an application concerning retention of contingency fees.

• Joinder Of Parties
• Ex Parte Applications
• Contingency Fee Agreements
• Non Disclosure Of Material Facts
• Joinder-of-parties
• Ex-parte-applications

Pule and Another v Minister of Police (1575/2023)

Pule and Another v Minister of Police (1575/2023) [2025] ZANWHC 104 (20 June 2025)

Court

North West High Court, Mafikeng

Case number

1575/2023

Judge

T C Mokhare

The court dismissed a joinder application because the NDPP, the party sought to be joined, was not cited, making the application fatally defective.

• Joinder Of Parties
• Malicious Prosecution
• Direct And Substantial Interest
• Joinder-of-parties
• Malicious-prosecution
• Civil-procedure

Le Bonheur Wine Estate (Pty) Ltd v Stellenbosch Vineyards (Pty) Ltd (17111/2021)

Le Bonheur Wine Estate (Pty) Ltd v Stellenbosch Vineyards (Pty) Ltd (17111/2021) [2025] ZAWCHC 260 (20 June 2025)

Court

Western Cape High Court, Cape Town

Case number

17111/2021

Judge

Moosa

The court held that subrogation does not transfer procedural rights to an insurer. Le Bonheur could replace its attorneys, and Hollard was joined as co-plaintiff.

• Insurance Subrogation
• Joinder Of Parties
• Authority Of Attorney
• Procedural Rights
• Withdrawal Of Action
• Insurance-subrogation