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South Africa decisions
Decisions matching the current search
Mhlongo v Netball South Africa (071849/2024) [2025] ZAGPPHC 727 (8 July 2025)
The High Court stayed an application pending arbitration under Netball South Africa’s Constitution and ordered the applicant to pay costs on the points in limine.
Mohiudeen v Bara N.O and Others (521/2023) [2024] ZAECQBHC 82 (5 December 2024)
The court held that intervention in unterminated criminal proceedings is reserved for rare cases where grave injustice would result or justice cannot be attained by other means. The applicant failed to demonstrate any gross irregularity or grave injustice that could not be remedied at trial or on appeal. The charge sheet, together with the preamble and further particulars, adequately set out the elements of fraud and theft, including the alleged common purpose and prejudice to Transnet. The applicant was provided with the docket and witness statements, and any further disputes regarding evide…
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Read Swatman and Voigt (Pty) Ltd v Commission For Conciliation, Mediation and Arbitration and Others (JR662/22) [2024] ZALCJHB 388 (2 October 2024)
The Labour Court held that the review was deemed withdrawn for failure to file the complete record in time, struck the matter from the roll, and made no costs order.
Outsurance Insurance Company Ltd v Mavela (2887/2021) [2023] ZAFSHC 257 (3 July 2023)
The High Court refused condonation for a late amendment to raise jurisdiction, finding the delay poorly explained and the defendant had already acquiesced to jurisdiction.
Modiboa Attorneys Incorporated v De Klerk and Another (UM59/2022) [2022] ZANWHC 19 (14 July 2022)
The High Court discharged a rule nisi and struck an urgent ex parte application from the roll because the dispute had to go to arbitration under the contract.
Labstix Diagnostics (Pty) Ltd and Another v SDV South Africa (Pty) Ltd (91624/2016) [2018] ZAGPPHC 380 (17 May 2018)
The court found that the applicants' affidavits resisting summary judgment were before the court at the time of the summary judgment hearing. The absence of the applicants or their legal representatives did not render the judgment a default judgment. Established case law holds that where opposing affidavits have been filed, the court must consider them, and the defendant is not in default. Therefore, an application for rescission is not the appropriate remedy; the proper course is to seek leave to appeal. The application for rescission was dismissed as the procedure was improper.
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Magnified Designs (Pty) Ltd v Littler and Others (JR355/13) [2015] ZALCJHB 260 (14 August 2015)
The court found that the Commissioner committed a gross irregularity by conflating the jurisdictional issue of whether a dismissal occurred with the merits of the unfair dismissal claim without warning the parties. The Commissioner should have first determined whether the CCMA had jurisdiction before proceeding to the merits. By failing to separate these issues or to inform the parties of a combined enquiry, the Commissioner deprived the applicant of a fair hearing. Although the finding that Littler was dismissed was unassailable due to the lack of contrary evidence, the procedural irregulari…
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