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South Africa decisions
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ABSA Bank Ltd v Tswago (Leave to Appeal) (114422/2023) [2025] ZAGPPHC 788 (29 July 2025)
Leave to appeal against summary judgment was dismissed. The court held no appeal lay from the default order, rejected new National Credit Act arguments, and awarded punitive costs.
Zikhali v Minister of Justice and Constitutional Development and Another (D533/2023) [2025] ZALCD 28 (28 July 2025)
The court held that the applicant was discharged from the public service by operation of law under section 17(3)(a)(i) of the Public Service Act, as he absented himself from his official duties as an interpreter without permission for a period exceeding one calendar month, despite direct instructions to return to his substantive post. The applicant failed to provide objective evidence that he reported for duty as required, and his attempts to substitute new relief at the hearing were not supported by his pleadings. The court found that no reviewable administrative decision existed, and the ju…
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Polovin v Director of Public Prosecutions and Others (1230/2022) [2024] ZASCA 140; [2024] 4 All SA 675 (SCA); 2025 (1) SACR 1 (SCA) (17 October 2024)
The Supreme Court of Appeal held that the nolle prosequi certificate issued by the DPP is not administrative action and is not reviewable under PAJA; only the underlying decision not to prosecute is subject to review on legality and rationality grounds. The jurisdictional requirements for private prosecution under s 7(1)(a) of the CPA were met, as the second respondent suffered injury to her personality rights, dignity, and privacy. The DPP was entitled to re-issue the certificate and include additional charges, as the right to prosecute had not prescribed and the charges arose from the same…
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City of Johannesburg v Unlawful Occupiers of Various Units at Donovan Macdonald Retirement Centre and Others (2024/090272) [2024] ZAGPJHC 1036 (16 October 2024)
The High Court dismissed the City’s leave to appeal against refusal of an urgent PIE eviction order, holding the decision was interlocutory and not appealable.
Gwebindlala v President of the Republic of South Africa and Others (194/2016) [2024] ZAECMHC 90; [2024] 4 All SA 810 (ECM) (5 September 2024)
The court dismissed a review challenging the refusal to recognise AmaBomvana as a principal traditional community, holding the MEC acted under valid delegation and the jurisdictional requirements were not met.
Tresping Manufacturing (Pty) Ltd v Commissioner for the South African Revenue Services (1286/2024) [2024] ZAFSHC 84 (13 March 2024)
The High Court dismissed an urgent application to release a detained truck, trailers and consignment, finding no urgency, no locus standi, and non-compliance with section 96.
Brinant Security Services (Pty) Ltd v Private Security Provident Fund and Others (25318/2017) [2024] ZAGPPHC 252 (11 March 2024)
The court found that the applicant failed to establish reasonable prospects of success for the appeal. The alleged settlement agreement was rejected by the Pension Funds Adjudicator for non-compliance with statutory and fund rules, and thus had no legal force. The respondent's version regarding the timing and nature of payments was uncontested, and the applicant did not provide rebuttal evidence. The previous judgments cited by the applicant were distinguishable as they involved unopposed matters and unrepresented parties. The court concluded that no conflicting judgments exist within the Div…
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Kanyi Ilanga Trading (Pty) Ltd v Stoltz and Another (967/2023) [2023] ZAMPMBHC 64 (30 November 2023)
PAIA application partly granted for access to vehicle tracking records to identify a suspected arson offender; cell phone and social media requests were refused.
Dzingai v Road Accident Fund (6462/21) [2023] ZAGPPHC 1945 (29 November 2023)
The High Court postponed a Road Accident Fund claim sine die after raising concerns about late lodgement, prescription, and whether the issue is jurisdictional.
Du Toit v Farm Film Productions (Pty) Ltd and Another (14900/2020) [2023] ZAWCHC 265 (26 October 2023)
The High Court upheld the RAF’s exception after finding the stunt-vehicle claim did not satisfy section 17(1)(a) of the RAF Act or plead wrongfulness in delict.
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