South Africa Case Law

City of Ekhuruleni Metropolitan Municipality v Botes (Leave to Appeal) (2011/32313)

City of Ekhuruleni Metropolitan Municipality v Botes (Leave to Appeal) (2011/32313) [2025] ZAGPJHC 460 (9 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2011/32313

Judge

Windell

The court held that the Municipality’s ground for appeal, based on the survival of the general damages claim after the plaintiff’s death before litis contestatio, is without merit. The common law has been developed to allow such claims to survive to the estate, as established in Nkala and Others v Harmony Gold Mining and Others. The Municipality did not raise the issue of litis contestatio at any stage during the trial, pleadings, or pre-trial proceedings, and it is impermissible to introduce new issues on appeal. The application for leave to appeal is viewed as an opportunistic attempt to av…

Source excerpt

• Litis Contestatio
• Survival Of General Damages
• Leave To Appeal
• Abuse Of Process

Oliver NO v MEC for Health: Western Cape Provincial Department of Health (886/2023)

Oliver NO v MEC for Health: Western Cape Provincial Department of Health (886/2023) [2025] ZASCA 45 (17 April 2025)

Court

Supreme Court of Appeal

Case number

886/2023

Judges

Mocumie, Kgoele, Smith, Unterhalter, Musi

The Supreme Court of Appeal held that material amendments reopened the pleadings, extinguishing the deceased’s general damages claim, but remitted the case on possible common-law development.

• Medical Negligence
• Transmissibility Of General Damages
• Amendment Of Pleadings
• Litis Contestatio
• Development Of Common Law
• Medical-negligence

Minister of Police v Mogorogo N.O (2242/19)

Minister of Police v Mogorogo N.O (2242/19) [2025] ZANWHC 41 (21 February 2025)

Court

North West High Court, Mafikeng

Case number

2242/19

Judge

WESSELS

The High Court dismissed the State’s application to uplift a notice of bar, finding no good cause, no bona fide defence, and inadequate explanation for delay.

• Condonation
• Notice Of Bar
• Good Cause
• Default Judgment
• Litis Contestatio
• Notice-of-bar

Hindustan Products SA (Pty) Ltd v Gertenbach and Another (2023/107680)

Hindustan Products SA (Pty) Ltd v Gertenbach and Another (2023/107680) [2025] ZAGPJHC 108 (10 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/107680

Judge

N S Krüger

The High Court referred an unjustified-enrichment claim to trial after finding unresolved disputes about whether an heir was enriched by a deceased estate.

• Unjustified Enrichment
• Condictio Indebiti
• Inheritance Liability
• Litis Contestatio
• Motion Vs Action Procedure
• Unjustified-enrichment

Road Accident Fund v Nibe (76672/2017)

Road Accident Fund v Nibe (76672/2017) [2025] ZAGPPHC 24 (16 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

76672/2017

Judge

T E Joyini

The court found that the applicant was deprived of an opportunity to contest the amendment to the particulars of claim, which increased the amount claimed for loss of earnings substantially. The respondent failed to comply with Rule 28(2) by not giving notice of the amendment, resulting in a procedural irregularity. The applicant provided a reasonable and acceptable explanation for its default, citing the expiration of its panel attorneys' contracts and subsequent lack of representation. The applicant also demonstrated a bona fide defence with prospects of success, as the amendment re-opened…

Source excerpt

• Rescission Of Default Judgment
• Rule 28 Amendment Of Pleadings
• Procedural Fairness
• Undue Delay
• Rule 42
• Litis Contestatio

Shabangu v Road Accident Fund (21503/2013)

Shabangu v Road Accident Fund (21503/2013) [2024] ZAGPPHC 1265 (2 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

21503/2013

Judge

KM Mmuoe

The High Court held that a late amendment increasing the plaintiff’s claim five days before trial reopened the pleadings and entitled the defendant to consequential adjustments.

• Amendment Of Pleadings
• Litis Contestatio
• Quantum Of Damages
• Rule 28 Uniform Rules
• Consequential Adjustments
• Amendment-of-pleadings

Mtshwene v Road Accident Fund (44674/2020)

Mtshwene v Road Accident Fund (44674/2020) [2024] ZAGPPHC 1027 (7 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

44674/2020

Judge

A.K. Ramlal

The court held that the plaintiff's claim for general damages is not transmissible to her estate because litis contestatio had not been reached at the time of her death. The court distinguished the Nkala case, noting its unique class action context and constitutional considerations, and reaffirmed the conservative common law position as set out in Ngubane v RAF. The court found no compelling factual or constitutional basis to depart from the settled principle. The plaintiff's dilatory conduct and lack of explanation for delays further weighed against any development of the law in this instanc…

Source excerpt

• Transmissibility Of General Damages
• Litis Contestatio
• Development Of Common Law
• Road Accident Claims

Jordaan v Road Accident Fund (2022/03746)

Jordaan v Road Accident Fund (2022/03746) [2023] ZAGPJHC 1260 (3 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/03746

Judge

Opperman

The High Court refused default judgment and an interim payment after a late amendment reopened pleadings and the RAF had only admitted negligence, not full liability.

• Default Judgment
• Interim Payment
• Litis Contestatio
• Road Accident Fund Act
• Amendment Of Pleadings
• Default-judgment

Outsurance Insurance Company Ltd v Mavela (2887/2021)

Outsurance Insurance Company Ltd v Mavela (2887/2021) [2023] ZAFSHC 257 (3 July 2023)

Court

Free State High Court, Bloemfontein

Case number

2887/2021

Judge

N.S. Daniso

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.

• Condonation
• Amendment Of Pleadings
• Jurisdictional Objection
• Litis Contestatio
• Amendment-of-pleadings
• Jurisdictional-objection

Oliver N.O. v MEC for Health: Western Cape Provincial Department of Health and Another (18312/2014)

Oliver N.O. v MEC for Health: Western Cape Provincial Department of Health and Another (18312/2014) [2022] ZAWCHC 208; 2023 (2) SA 551 (WCC) (27 October 2022)

Court

Western Cape High Court, Cape Town

Case number

18312/2014

Judge

B P Mantame

The court found that the amendment of the deceased’s particulars of claim on 4 October 2017 was substantial and reopened the pleadings, causing litis contestatio to fall away. As a result, at the time of the deceased’s death, litis contestatio had not been reached and her claim for general damages was not transmissible to her estate. The court held that the settled common-law position remains that non-pecuniary claims for general damages lapse if the plaintiff dies before litis contestatio. The constitutional arguments advanced by the plaintiff were rejected on the basis that there was no fac…

Source excerpt

• Litis Contestatio
• Transmissibility Of General Damages
• Amendment Of Pleadings
• Medical Negligence
• Bill Of Rights Consistency