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South Africa decisions
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Zana v Gwanzura (Leave to Appeal) (2025-068106) [2025] ZAGPPHC 710 (17 July 2025)
The High Court dismissed an application for leave to appeal in a child relocation dispute, finding no reasonable prospect that another court would reach a different result.
Bester N.O and Others v Maas N.O and Another (2025-071547) [2025] ZAGPPHC 726 (17 July 2025)
The court found that the applicants failed to provide objective evidence of ongoing dissipation of the Trust's assets and did not adequately explain the delay in launching the urgent application. The urgency was deemed self-created, as the applicants had knowledge of the Trust's identity since 2023 but only instituted urgent proceedings in 2025, despite already having pending action proceedings for the same relief. The applicants did not demonstrate that they would be unable to obtain substantial redress in due course. Consequently, the court declined to hear the matter as urgent and struck i…
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Gottlieb v Procure Genii (Pty) Ltd (D131/2022) [2025] ZALCD 22 (1 July 2025)
The Labour Court held that a CCMA settlement covered only severance pay, not all dismissal-related claims. The respondent’s res judicata/lis pendens point was dismissed.
Mbokodo and Another v NEHAWU and Others (2025/094549) [2025] ZALCJHB 273 (30 June 2025)
The Labour Court dismissed an urgent application to stop a union congress, holding the matter was not urgent and was barred by lis pendens because identical relief was pending in the High Court.
T.P.K v Government Employees Pension Fund and Another (4915/2021) [2025] ZAFSHC 196 (25 June 2025)
The High Court granted leave to appeal, finding another court might reach a different conclusion on lis pendens involving divorce proceedings and pension fund entitlements.
Lekalakala v Kramer Weihmann Inc and PJ Joubert (5087/2023) [2025] ZAFSHC 187 (20 June 2025)
The court found that section 34(7)(c) of the Legal Practice Act, as well as analogous provisions in the Companies Acts and Attorneys Act, create joint and several liability for directors and past directors of personal liability companies. However, this statutory liability does not require all potentially liable directors to be joined in the proceedings, as the plaintiff is entitled to select whom to sue among joint and several debtors. The non-joined parties do not have a direct and substantial interest in the subject matter of the litigation that would be prejudiced by the outcome, and thus…
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Minister of Police and Another v Letshela and Another (7133/2024) [2025] ZAFSHC 140 (19 May 2025)
The court found that the application in the regional court was not terminated by being struck off the roll and remains pending, as it was not withdrawn, discontinued, or dismissed. The relief sought in this court is identical to that sought in the regional court, and the parties are the same. Therefore, the requirements for lis pendens are satisfied, and the special plea is upheld. The court is barred from hearing the application. The respondent’s request for a punitive costs order was rejected, and a party and party costs order was deemed appropriate.
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Chundhur v Rampersad (D7934/2020) [2025] ZAKZDHC 24 (8 May 2025)
The court found that while the applicant was entitled to seek relief for the encroachment, the circumstances of the case, including the history of the sectional title scheme, the conduct of the parties, and the disproportionate cost of demolition, rendered compensation a fair and equitable remedy. The respondent admitted the encroachment and tendered compensation. The court accepted the respondent's valuation of R11,500.00 as market-related and realistic. The points in limine regarding non-joinder and lis pendens were dismissed, as neither the body corporate, municipality, nor CSOS had a dire…
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I.M.R v N.M.D (2024/014513) [2025] ZAGPJHC 464 (5 May 2025)
The High Court ordered a spouse to cooperate in selling a jointly owned home pending divorce, with proceeds held in trust after bond settlement.
Silinda v ABSA Home Loan Guarantee Co (RF) (Pty) Ltd and Another (5235/2021) [2025] ZAMPMBHC 28 (15 April 2025)
Leave to appeal was dismissed after the applicant failed to comply with court directives and gave no satisfactory basis for a postponement or appeal.
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