South Africa Case Law

M.N.P.U.M v S.V.M and Another (2023/114345)

M.N.P.U.M v S.V.M and Another (2023/114345) [2025] ZAGPJHC 647 (7 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/114345

Judge

Dippenaar

The court found that the applicant failed to establish that there was no consensus between the parties regarding the marital regime or that her signature on the special power of attorney was obtained by justus error or misrepresentation. The applicant voluntarily signed the documents authorising the ante nuptial contract, and her conduct and prior knowledge of the respondent's refusal to pool assets indicated she was aware of the implications. The caveat subscriptor rule applied, binding her to the contract. The court held that the ante nuptial contract was validly executed, and the marriage…

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• Ante Nuptial Contract
• Justus Error
• Misrepresentation
• Matrimonial Property Regime
• Caveat Subscriptor
• Pacta Sunt Servanda

Lategan v Peacanwood Estate Homeowners Association NPC (58351/2017)

Lategan v Peacanwood Estate Homeowners Association NPC (58351/2017) [2025] ZAGPPHC 168 (17 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

58351/2017

Judge

Lesufi

The High Court dismissed an application to rescind a 2018 consent costs order, finding no justus error, no valid basis to vary the order, and awarding costs against the applicant.

• Rescission Of Judgment
• Consent Order
• Justus Error
• Condonation
• Costs Award
• Rescission-of-judgment

Member of the Executive Council for Health, Eastern Cape Province and Another v Y.B obo S.B (428/2020)

Member of the Executive Council for Health, Eastern Cape Province and Another v Y.B obo S.B (428/2020) [2024] ZAECBHC 36 (19 November 2024)

Court

Eastern Cape High Court, Bhisho

Case number

428/2020

Judge

T.A. Nkele

The High Court dismissed an application to rescind a consent order, holding that no patent error or omission was shown and prescription could not be reopened.

• Rescission Of Judgment
• Rule 42 Uniform Rules
• Prescription Act
• Consent Order
• Justus Error
• Rescission-of-judgment

Mokgalakwena Local Municipality v Mamoloko Contractors CC and Another (10222/2022)

Mokgalakwena Local Municipality v Mamoloko Contractors CC and Another (10222/2022) [2024] ZALMPPHC 125 (25 September 2024)

Court

Limpopo High Court, Polokwane

Case number

10222/2022

Judge

M Bresler

The court found that the Applicant had established bona fide grounds for rescission of the consent judgment, including evidence of prior settlement and payments, lack of authority by officials who consented to judgment, and a forensic report indicating that the amounts claimed were not due. The late answering affidavit was admitted as no substantial prejudice was shown. The satisfaction of the judgment rendered the pending appeals regarding suspension of execution moot. The interests of justice required that the judgment be rescinded to allow proper ventilation of the dispute, especially give…

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• Rescission Of Judgment
• Consent Judgment
• Justus Error
• Settlement Agreement
• Late Filing Of Affidavit

M.B v R.B (259/2023)

M.B v R.B (259/2023) [2024] ZASCA 116 (24 July 2024)

Court

Supreme Court of Appeal

Case number

259/2023

Judges

Nicholls, Mothle, Molefe, Dawood, Mbhele

The SCA held that a later change of heart did not amount to a common mistake justifying variation of a divorce settlement agreement.

• Divorce Settlement
• Variation Of Court Order
• Justus Error
• Accrual System
• Compromise
• Appealability

Rabboni Centre Ministries v Multisand (Pty) Ltd and Others (2010/67006)

Rabboni Centre Ministries v Multisand (Pty) Ltd and Others (2010/67006) [2024] ZAGPPHC 427 (3 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

2010/67006

Judge

Labuschagne

The court found that the applicant failed to establish grounds for rescission under Rule 42 or common law. The absence of the City of Tshwane as a party at the time of the original order did not render the order erroneously granted, as the municipality had no legal interest in the declaration of a public road over private property. The road in question was not intended to be municipal infrastructure but a common law servitude for public access. The applicant's reliance on justus error was not supported by the facts, as there was no mistake common to the parties that vitiated true consent. The…

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• Public Road Declaration
• Servitude Of Right Of Way
• Rescission Of Judgment
• Justus Error
• Municipal Infrastructure
• Rule 42 Application

Something Different Concepts and Shows CC and Another v South African Securitisation Programme (RF) Ltd and Others (A200/2023)

Something Different Concepts and Shows CC and Another v South African Securitisation Programme (RF) Ltd and Others (A200/2023) [2024] ZAWCHC 103 (19 April 2024)

Court

Western Cape High Court, Cape Town

Case number

A200/2023

Judges

Lekhuleni JD, Erasmus N, Mangcu-Lockwood N

The court found that the second appellant raised triable issues in her amended plea and affidavit resisting summary judgment, specifically regarding the alleged concealment of the suretyship clause and the operation of the penalty clause under the Conventional Penalties Act. The second appellant's assertion that the guarantees were hidden and her lack of awareness at signing, coupled with the respondents' failure to address whether they mitigated damages or received dividends from liquidation, warranted referral to trial. The court held that summary judgment should not be granted where there…

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• Summary Judgment
• Suretyship
• Justus Error
• Conventional Penalties Act
• Public Policy
• Liquidation

Solum Civils (Pty) Ltd v Tiger Business Enterprises CC and Another (55947 /2022)

Solum Civils (Pty) Ltd v Tiger Business Enterprises CC and Another (55947 /2022) [2023] ZAGPJHC 1462 (14 December 2023)

Court

South Gauteng High Court, Johannesburg

Case number

55947 /2022

Judge

Johann Gautschi AJ

The High Court granted provisional sentence against the first defendant on an acknowledgement of debt, but dismissed the claim against the surety.

• Acknowledgement Of Debt
• Liquid Document
• Suretyship Formalities
• Provisional Sentence
• Justus Error
• Interest On Judgment Debt

J.A.N v N.C.N (2283/2021)

J.A.N v N.C.N (2283/2021) [2022] ZAECMKHC 14 (17 May 2022)

Court

Eastern Cape High Court, Makhanda

Case number

2283/2021

Judge

Govindjee

The court found that the applicant had not established any grounds for rescission or variation of the divorce settlement agreement made an order of court. Applying the Plascon-Evans rule, the facts favoured the respondent's version that the applicant was aware of her rights under the accrual system, had the opportunity to seek independent legal advice, and voluntarily chose not to claim any assets or maintenance. There was no evidence of fraud, common mistake, or justus error sufficient to justify setting aside the order. The court emphasised the finality of consent orders and the limited cir…

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• Divorce Settlement Agreement
• Consent Order
• Rescission Of Judgment
• Justus Error
• Fraud
• Accrual System

Head of Department Education Limpopo and Another v Lekganyane and Another (7591/2019)

Head of Department Education Limpopo and Another v Lekganyane and Another (7591/2019) [2021] ZALMPPHC 48 (19 August 2021)

Court

Limpopo High Court, Polokwane

Case number

7591/2019

Judge

Kganyago

The High Court dismissed an application to set aside an educator’s appointment, finding the alleged mistake was due to the department’s own carelessness.

• Employment Contract
• Justus Error
• Jurisdiction Of Labour Court
• Declaratory Relief
• Commissioners Of Oaths Compliance
• Employment-contract