South Africa Case Law

Sunwest International (Pty) Limited t/a Grandwest Casino and Entertainment World and Another v Western Cape Gambling and Racing Board and Another

The Court held that the dispute was an ordinary matter of statutory interpretation concerning whether freeplay credits are included in the taxable revenue of casino operators, and that neither constitutional jurisdiction nor general jurisdiction was engaged because proper consideration of constitutional factors could not plausibly lead to a different outcome and the issue did not transcend the narrow interests of the parties. The applications for leave to appeal were therefore refused.

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• Jurisdiction
• Interpretation of statutes
• Constitutional jurisdiction
• General public importance
• Gambling tax
• Freeplay credits

Masha v Zizwe Opencast Mining (Pty) Ltd (JS188/23)

Masha v Zizwe Opencast Mining (Pty) Ltd (JS188/23) [2025] ZALCJHB 337 (6 August 2025)

Court

Labour Court Johannesburg

Case number

JS188/23

Judge

H Schensema

The Labour Court dismissed an application for condonation after finding the applicant’s delay in filing the statement of case was excessive and inadequately explained.

• Condonation
• Unfair Dismissal
• Retrenchment
• Section 189 Lra
• Late Filing
• Jurisdiction

NTGR Engineering Projects CC v Bakubung Minerals (Pty) Ltd (1890/2021)

NTGR Engineering Projects CC v Bakubung Minerals (Pty) Ltd (1890/2021) [2025] ZANWHC 126 (25 July 2025)

Court

North West High Court, Mafikeng

Case number

1890/2021

Judge

T C Mokhare

The court dismissed special pleas based on arbitration and jurisdiction, holding the clause did not oust jurisdiction and the defendant had waived reliance on it.

• Arbitration Clause
• Stay Of Proceedings
• Contractual Waiver
• Jurisdiction
• Costs Order
• Arbitration-clause

Boshomane v Milpark Education and Others (Application for Leave to Appeal) (J1027/24)

Boshomane v Milpark Education and Others (Application for Leave to Appeal) (J1027/24) [2025] ZALCJHB 300 (15 July 2025)

Court

Labour Court Johannesburg

Case number

J1027/24

Judge

W. Kruger

The Labour Court removed an out-of-time leave to appeal application from the roll because no condonation application was filed.

• Leave To Appeal
• Condonation
• Jurisdiction
• Labour Court Rules
• Leave-to-appeal
• Labour-court-rules

Weitz Viljoen and Associates Incorporated v Rising Dragon Consulting (Pty) Ltd t/a Antonie Consulting (14817/2024)

Weitz Viljoen and Associates Incorporated v Rising Dragon Consulting (Pty) Ltd t/a Antonie Consulting (14817/2024) [2025] ZAWCHC 294 (14 July 2025)

Court

Western Cape High Court, Cape Town

Case number

14817/2024

Judge

Nuku

The court found that the plaintiff's delay in delivering the Rule 30 application was minimal and adequately explained, with no prejudice to the defendant and significant prejudice to the plaintiff if condonation was refused. The Rule 30 application was interlocutory and not subject to the strict requirements of Rule 6(5). The defendant's delivery of a special plea, plea-over, and claim in reconvention prior to the determination of its exception constituted an irregular step under Rule 30, as the rules require a choice between delivering a plea or an exception, not both. The exception raised b…

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• Rule 30 Irregular Step
• Condonation
• Exception To Particulars Of Claim
• Jurisdiction
• Locus Standi
• Authority Of Attorney

Paradze v Kathu Solar Park (RF) (Pty) Ltd (JS198/24)

Paradze v Kathu Solar Park (RF) (Pty) Ltd (JS198/24) [2025] ZALCJHB 296 (30 June 2025)

Court

Labour Court Johannesburg

Case number

JS198/24

Judge

W Kruger

The Labour Court does not have jurisdiction to adjudicate claims under the Employment Equity Act unless the dispute has first been referred to the CCMA for conciliation, as required by sections 10(5) and 10(6) of the EEA. The applicant failed to refer an unfair discrimination dispute under the EEA to the CCMA, and only the unfair dismissal claim under section 187(1)(f) of the LRA was properly before the court. Granting leave to amend the statement of case to include EEA relief would allow the applicant to pursue claims over which the court has no jurisdiction, resulting in further procedural…

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• Employment Equity Act
• Unfair Dismissal
• Jurisdiction
• Statement Of Case Amendment
• Conciliation Requirement

S v Mokhesi and Others (45/2021)

S v Mokhesi and Others (45/2021) [2025] ZAFSHC 183; 2025 (2) SACR 182 (FB) (13 June 2025)

Court

Free State High Court, Bloemfontein

Case number

45/2021

Judge

Loubser

The court held that none of the six questions advanced by the State constituted valid questions of law as required by section 319 of the Criminal Procedure Act. Most were factual in nature or disguised as questions of law. The extradition request for accused 17 was invalid as it was not made by the Minister of Justice and Correctional Services, in line with the Schultz precedent. The State was aware of the Schultz decision prior to the extradition and did not act to correct the request. Furthermore, the State's application was not competent as there was no acquittal, only a finding of lack of…

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• Extradition
• Jurisdiction
• Reservation Of Questions Of Law
• Special Plea
• Authority Of Precedent

Mjejane Game Reserve Homeowners' Association v Community Schemes Ombud Services and Others (Leave to Appeal) (2023/059686)

Mjejane Game Reserve Homeowners' Association v Community Schemes Ombud Services and Others (Leave to Appeal) (2023/059686) [2025] ZAGPPHC 620 (12 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023/059686

Judge

Lesufi

The High Court granted leave to appeal in a dispute about CSOS jurisdiction, conciliation, and whether private HOA rules can override statutory remedies.

• Community Schemes Ombud Service Act
• Leave To Appeal
• Jurisdiction
• Review Of Administrative Action
• Condonation
• Public Vs Private Remedies

Technologies Acceptances Receivables (Pty) Ltd and Another v Thavalerie Travel CC and Another (2022/11927)

Technologies Acceptances Receivables (Pty) Ltd and Another v Thavalerie Travel CC and Another (2022/11927) [2025] ZAGPJHC 573 (10 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/11927

Judge

Maier-Frawley

The court found that the defendants failed to raise any genuine triable issue to resist summary judgment. Jurisdiction was established as the agreements were accepted in Johannesburg. The second defendant is liable under the guarantees, which were unlimited and contained certificate clauses and renunciation of benefits. The impossibility of performance defence was rejected as it was not absolute or objective and contradicted by the timeline of deregistration and lockdown. The National Credit Act does not apply because ownership did not pass to the lessee and no interest or deferred payment wa…

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• Summary Judgment
• Guarantee Liability
• Certificate Of Indebtedness
• Jurisdiction
• National Credit Act
• Impossibility Of Performance

Society for the Protection of Our Constitution v Government of the Republic of South Africa and Others (2025-062902)

Society for the Protection of Our Constitution v Government of the Republic of South Africa and Others (2025-062902) [2025] ZAGPPHC 588 (6 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025-062902

Judge

S. Potterill

The application was dismissed on multiple grounds. The withdrawal of claims against the foreign states rendered the orders sought obsolete, as the Court cannot make orders against parties not cited. The relief sought involved matters of foreign policy, diplomacy, and military intervention, which fall exclusively within the executive domain and are not justiciable. The applicant failed to establish standing, as no infringement of its own rights or those of an identifiable group was demonstrated, and the alleged harm was speculative and unsupported by evidence. The urgency of the matter was not…

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• Separation Of Powers
• Foreign State Immunity
• Standing
• Urgent Interdict
• Genocide Convention
• Jurisdiction