South Africa Case Law

Ingerop South Africa (Pty) Ltd v Minister of Water and Sanitation and Others (11175/2024)

Ingerop South Africa (Pty) Ltd v Minister of Water and Sanitation and Others (11175/2024) [2025] ZAWCHC 336 (6 August 2025)

Court

Western Cape High Court, Cape Town

Case number

11175/2024

Judges

Lekhukeni, Sipunzi

High Court held it lacked PAJA jurisdiction over a tender review and, in any event, the application was filed out of time without adequate condonation.

• Promotion Of Administrative Justice Act
• Jurisdiction Of High Courts
• Condonation For Late Review
• Tender Review
• Delay In Instituting Proceedings
• Administrative-law

Mafube Local Municipality v South African Local Authorities Pension Fund and Others (2020/37457)

Mafube Local Municipality v South African Local Authorities Pension Fund and Others (2020/37457) [2025] ZAGPJHC 489 (23 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2020/37457

Judge

Noko

The High Court set aside a warrant of execution issued on a pension-fund determination, holding that the Johannesburg registrar lacked jurisdiction.

• Warrant Of Execution
• Jurisdiction Of High Courts
• Pension Fund Contributions
• Enforcement Of Adjudicator Determinations
• Warrant-of-execution
• High-court-jurisdiction

Member of the Executive Council For Rural Enviroment and Agricultural Development v Botha N.O and Another (M325/2019)

Member of the Executive Council For Rural Enviroment and Agricultural Development v Botha N.O and Another (M325/2019) [2024] ZANWHC 44 (20 February 2024)

Court

North West High Court, Mafikeng

Case number

M325/2019

Judge

A Reddy

The High Court upheld a jurisdictional point in limine and dismissed an application to review or set aside an arbitration award, with costs against the applicant.

• Arbitration Act 42 Of 1965
• Jurisdiction Of High Courts
• Service Level Agreement
• Default Arbitration Award
• Arbitration
• Court-jurisdiction

Schweizer Tyres v Engelbrecht (CIV APP FB 21/2020)

Schweizer Tyres v Engelbrecht (CIV APP FB 21/2020) [2023] ZANWHC 41 (14 April 2023)

Court

North West High Court, Mafikeng

Case number

CIV APP FB 21/2020

Judges

Hendricks, Djaje, Petersen

The court held that the appeal was properly before it, as substantial compliance with the rules regarding security for costs had been achieved and no application was made by the respondent to declare the appeal lapsed. On the merits, the court found that jurisdiction must be determined at the time the action is instituted. At that time, the North West High Court did not have jurisdiction over Schweizer-Reneke; the correct forum was the Gauteng Division, Pretoria. The respondent failed to apply for transfer to the proper court, and there was no legislative gap that left her without a forum. Th…

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• Jurisdiction Of High Courts
• Special Plea
• Prescription
• Transfer Of Proceedings

Frank Mhlongo and Others v Tryphinah Mokoena N O and Others (865/2020)

Frank Mhlongo and Others v Tryphinah Mokoena N O and Others (865/2020) [2022] ZASCA 78; 2022 (6) SA 129 (SCA) (31 May 2022)

Court

Supreme Court of Appeal

Case number

865/2020

Judges

Mocumie, Molemela, Makgoka, Mbatha, Musi

The Supreme Court of Appeal held that the Gauteng Division of the High Court, Pretoria retained jurisdiction over matters arising in Mpumalanga until the Minister's notice establishing the Mpumalanga Division took effect on 1 May 2019. The Judge President's Practice Directive No 1 of 2015, specifically clause 1.5, could not lawfully exclude the jurisdiction of the Gauteng Division, as only the Minister is empowered to determine jurisdictional boundaries under section 6(3) of the Superior Courts Act. The Practice Directive was inconsistent with the Act and therefore invalid. The High Court err…

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• Jurisdiction Of High Courts
• Practice Directives
• Superior Courts Act
• Access To Courts
• Powers Of Judge President

Nexor 312 (Pty) Ltd t/a VNA Consulting v Overberg District Municipality and Another (5709/2021P)

Nexor 312 (Pty) Ltd t/a VNA Consulting v Overberg District Municipality and Another (5709/2021P) [2021] ZAKZPHC 65 (16 September 2021)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

5709/2021P

Judge

Mossop AJ

The High Court held that, despite PAJA, the dispute was more appropriately heard in the Western Cape and transferred the matter there.

• Promotion Of Administrative Justice Act
• Jurisdiction Of High Courts
• Interdictory Relief
• Transfer Of Proceedings
• Paia-paja
• High-court-jurisdiction

Henque 1273 CC v Du Plessis and Others (2119/2020)

Henque 1273 CC v Du Plessis and Others (2119/2020) [2020] ZAFSHC 160 (7 September 2020)

Court

Free State High Court, Bloemfontein

Case number

2119/2020

Judge

Naidoo

The Free State High Court has jurisdiction to adjudicate the matter concerning immovable property situated in the North West Province, as section 97(2) of the Deeds Registries Act and relevant case law confirm that exclusive jurisdiction does not vest solely in the forum rei sitae. Proper notice was given to the Registrar of Deeds, Pretoria, and the property is within South Africa. The resolution authorising the trustee to oppose the application was invalid, as there was no evidence of consultation with the third trustee, nor was the resolution signed by all trustees or accompanied by minutes…

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• Interim Interdict
• Jurisdiction Of High Courts
• Trustee Authority
• Agreement Of Sale
• Deeds Registries Act

Engelbrecht v Schweizer Tyres and Another (777/13)

Engelbrecht v Schweizer Tyres and Another (777/13) [2020] ZANWHC 72 (31 August 2020)

Court

North West High Court, Mafikeng

Case number

777/13

Judge

M E Mahlangu

The court found that, although at the time of institution Schweizer Reneke fell under the jurisdiction of the Gauteng North High Court, subsequent legislative changes incorporated it into the North West High Court's jurisdiction. The legislature did not provide for cases already instituted in the wrong court, creating a lacuna. The court exercised its inherent powers under section 173 of the Constitution to regulate its own process and ensure the plaintiff's right of access to court under section 34 of the Constitution. The special plea of prescription was not properly raised and could not be…

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• Jurisdiction Of High Courts
• Transfer Of Proceedings
• Prescription
• Separation Of Issues

Zitonix (Pty) Limited v K201250042 (South Africa) (Pty) Limited (290/2017)

Zitonix (Pty) Limited v K201250042 (South Africa) (Pty) Limited (290/2017) [2018] ZASCA 63 (21 May 2018)

Court

Supreme Court of Appeal

Case number

290/2017

Judges

Lewis, Swain, Davis, Mothle, Rogers

The SCA held that a contractual lease-cancellation and eviction claim could be heard in the tenants’ domicile despite the property being in KwaZulu-Natal.

• Lease Cancellation
• Eviction
• Jurisdiction Of High Courts
• Suretyship Sequestration
• Lease-cancellation
• High-court-jurisdiction

Nedbank Limited v Superious Trading 10 CC and Others (50451/2016, 50454/2016,50453/2016)

Nedbank Limited v Superious Trading 10 CC and Others (50451/2016, 50454/2016,50453/2016) [2017] ZAGPPHC 1205 (1 December 2017)

Court

North Gauteng High Court, Pretoria

Case number

50451/2016, 50454/2016,50453/2016

Judge

H Constantinides

The High Court ordered three Nedbank actions transferred from Pretoria to Limpopo, finding transfer justified for convenience and proper venue.

• Transfer Of Proceedings
• Jurisdiction Of High Courts
• Convenience Of Forum
• Transfer-of-proceedings
• High-court-jurisdiction
• Forum-convenience