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South Africa decisions
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Mabyane v Moerane and Another (CIV APP MG28/2023) [2025] ZANWHC 68 (31 March 2025)
The High Court removed a civil appeal from the roll because the record was incomplete and illegible, and the appellant had not provided security for costs.
E.M v Minister of Home Affairs and Others (3153/2024) [2024] ZAECMHC 65 (27 August 2024)
Urgent asylum and release application dismissed; the court held existing magistrates’ detention orders remained binding, and statutory requirements for asylum relief were unmet.
Bogatsu and Another v 108 on 8th Street Homeowners Association (A2022/037938) [2024] ZAGPJHC 611 (28 June 2024)
The appeal was dismissed as all grounds advanced by the appellants were found to be without merit. The court held that section 38(1) of the CSOS Act does not exclude the jurisdiction of the Magistrate Court, but rather provides an alternative forum at the election of the parties. The respondent established its locus standi through its constitution and evidence of registration, which was admitted by the appellants in their pleadings and testimony. The defence of lis alibi pendens failed as the relief sought in the CSOS application differed from the present claim. The respondent's constitution…
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X.M Petse Incorporation/ Zilwa Attorneys v Nabile (CA57/2023) [2024] ZAECMHC 42 (30 May 2024)
The court held that part-payment of an attorney's bill by the client does not amount to acquiescence or waiver of the right to dispute the bill, especially where the client has expressly demanded taxation and refused to pay the balance. The magistrate correctly found that the respondent's conduct was consistent with enforcing his right to taxation and not with an unequivocal acknowledgment of liability for the full amount. Section 80(4) of the Magistrates' Courts Act is peremptory: once taxation is demanded, the action must be stayed pending taxation. The magistrate did not misdirect himself…
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Aristocraft (Pty) Ltd v Paintchem (Pty) Ltd (A214/2023; 3711/2022) [2024] ZAGPPHC 480 (13 May 2024)
The High Court dismissed an appeal against the dismissal of an exception, holding the particulars of claim were sufficiently pleaded, jurisdiction was properly pleaded, and no serious prejudice was shown.
M.M v Kiewiet (A193/2023) [2024] ZAGPPHC 411 (3 May 2024)
The High Court upheld an appeal against dismissal of a harassment protection-order application, holding that the CSOS Act did not oust magistrates’ court jurisdiction.
Passenger Rail Agency of South Africa v Unahina Business Solutions (Pty) Limited (A2023/041004) [2024] ZAGPJHC 554 (30 April 2024)
The appellant failed to meet the requirements for rescission of the default judgment. No adequate reasons for default were provided, and no bona fide defence on the merits was raised. The technical defences advanced—application of section 133 of the Companies Act, lack of jurisdiction, lack of locus standi, and non-joinder—were all found to be unsustainable. Section 133 did not apply as PRASA was not in business rescue; jurisdiction was established by PRASA's head office being in Johannesburg; locus standi was validly derived from the deed of cession; and non-joinder of Biggietech was not req…
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Taylor v Regional Court Magistrate, Nemavhidi and Another (12398/19) [2023] ZAGPJHC 604 (31 May 2023)
The High Court held that the regional magistrate's court correctly found it lacked jurisdiction to grant a permanent stay of prosecution based on pre-trial delay or constitutional grounds. The court relied on established precedent, notably S v Naidoo and Van der Walt v DPP, which confirm that such relief must be sought in the High Court. Section 342A of the Criminal Procedure Act provides remedies only for eliminating delay in pending proceedings, not for terminating prosecutions. The applicant failed to demonstrate actual, significant prejudice, relying instead on hypothetical claims regardi…
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Master Business Associates Services (Pty) Ltd v Erasmus (A240/2021) [2022] ZAGPPHC 609 (12 August 2022)
The High Court held that the magistrate’s court had jurisdiction over the contractual employment dispute and erred in referring it to the Labour Court.
Erasmus v Snyders (A69/2021) [2022] ZAGPPHC 199 (9 March 2022)
High Court appeal on magistrates’ court jurisdiction in a medical-services contract dispute. The court found the cause of action arose in Pretoria and granted default judgment.
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