South Africa Case Law

Jomane Eiendomme (Pty) Ltd v Magistrate Van Zyl and Another (067/2024)

Jomane Eiendomme (Pty) Ltd v Magistrate Van Zyl and Another (067/2024) [2025] ZASCA 109 (18 July 2025)

Court

Supreme Court of Appeal

Case number

067/2024

Judges

Mbatha, Matojane, Keightley, Coppin, Phatshoane

The Supreme Court of Appeal held that the magistrate acted within her powers under rule 49(1) of the Magistrates' Courts Rules by ordering the plaintiff to file a declaration following rescission of judgment under section 58(1) of the Magistrates' Courts Act. Section 59 of the Act confirms that, in the absence of summons, the request for judgment is the first document in the action, and the subsequent exchange of pleadings is procedurally sound. The magistrate's order was a practical and fair measure to advance the dispute to trial, consistent with the audi alteram partem principle and the ef…

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• Magistrates Courts Act
• Rescission Of Judgment
• Declaration Directive
• Pleadings
• Ultra Vires
• Reviewability

FHP Zimbali residence No. 5B Shareblock Company (Pty) Ltd v Studio Investments CC (A2023-02482)

FHP Zimbali residence No. 5B Shareblock Company (Pty) Ltd v Studio Investments CC (A2023-02482) [2023] ZAGPJHC 933 (21 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A2023-02482

Judges

Moorcroft, Du Plessis

Appeal from a magistrates’ court costs order dismissed. The High Court held there was no basis to interfere with the discretion and imposed attorney-client costs.

• Costs Orders
• Exercise Of Discretion
• Magistrates Courts Act
• Superior Courts Act
• Punitive Costs
• Costs-orders

Boraki v Minister of Police (CA&R 37/2021)

Boraki v Minister of Police (CA&R 37/2021) [2023] ZANCHC 22 (2 June 2023)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 37/2021

Judges

Phatshoane, Lever

The High Court upheld an appeal against a magistrate’s stay of execution, finding the underlying appeal had lapsed and there was no basis to suspend the writ.

• Stay Of Execution
• Appeal Lapsing
• Magistrates Courts Act
• Interdict
• Judgment Enforcement
• Stay-of-execution

Sheriff for the District of Roodepoort South v Damons and Others (A3059/2019)

Sheriff for the District of Roodepoort South v Damons and Others (A3059/2019) [2022] ZAGPJHC 747 (30 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

A3059/2019

Judges

S Yacoob, T Modise

Appeal against a punitive costs order dismissed after the court found the sheriff acted mala fide by selling goods contrary to a rule nisi.

• Punitive Costs Order
• Contempt Of Court
• Warrants Of Execution
• Magistrates Courts Act
• Stay Of Execution
• Punitive-costs-order

Lubisi v S (CA&R114/2021)

Lubisi v S (CA&R114/2021) [2021] ZAECGHC 96 (6 October 2021)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R114/2021

Judges

N G Beshe, M S Rugunanan

The High Court set aside a murder conviction and sentence because the Regional Court was not properly constituted under section 93ter of the Magistrates’ Courts Act.

• Murder Trial
• Regional Court Assessors
• Magistrates Courts Act
• Procedural Irregularity
• Murder-trial
• Regional-court-assessors

Mntambo v S (478/2020)

Mntambo v S (478/2020) [2021] ZASCA 17 (11 March 2021)

Court

Supreme Court of Appeal

Case number

478/2020

Judges

Mocumie, Dlodlo, Mbatha, Weiner, Poyo-Dlwati

The Supreme Court of Appeal held that the failure to comply with the proviso to section 93ter(1) of the Magistrates' Courts Act 32 of 1944, by not appointing assessors and not affording the appellant the opportunity to elect whether the magistrate should sit with or without assessors, constituted a fatal misdirection. This rendered the trial court improperly constituted, vitiating the proceedings. The State conceded the point, and the conviction and sentence were set aside. The appellant's explanation for the delay in filing appeal documents was accepted as reasonable, and condonation was gra…

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• Murder
• Appointment Of Assessors
• Magistrates Courts Act
• Condonation
• Court Constitution

S v Mavimbela and Others (R113/19)

S v Mavimbela and Others (R113/19) [2020] ZAMPMBHC 35; 2021 (1) SACR 145 (MM) (22 April 2020)

Court

Mbombela High Court, Mpumalanga

Case number

R113/19

Judges

B M Ngoepe, C Pretorius, M T Mankge

Full Bench review holding that Skukuza was duly appointed for regional court sittings and that Judge President directives under section 8(4)(c) were binding.

• Judicial Management
• Coordination Of Judicial Functions
• Magistrates Courts Act
• Superior Courts Act
• Validity Of Directives
• Review Of Magistrates Court Decisions

Ndawonde and Another v S (A107/2018)

Ndawonde and Another v S (A107/2018) [2019] ZAGPJHC 61 (4 March 2019)

Court

South Gauteng High Court, Johannesburg

Case number

A107/2018

Judges

Wright, Wanless

The court held that the provisions of section 93ter of the Magistrates' Courts Act are peremptory in murder trials before a regional court. The purported waiver of assessors by the appellants, even if valid, was made too late in the proceedings and did not cure the irregularity. The judicial officer failed to administer the required oath to assessors before the trial, resulting in a fatal procedural irregularity. Following the precedent in S v Gayiya, the appeals must be upheld and the convictions and sentences set aside. The court made no finding on whether the appellants should or could be…

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• Murder
• Assessors In Criminal Trial
• Waiver Of Rights
• Magistrates Courts Act
• Conviction And Sentence

S v Lekalakala (113/2017)

S v Lekalakala (113/2017) [2017] ZALMPPHC 36 (9 November 2017)

Court

Limpopo High Court, Polokwane

Case number

113/2017

Judges

G.C Muller, AML Phatudi

The High Court found that the magistrate failed to comply with the procedural safeguards required for summary contempt proceedings under section 108(1) of the Magistrates' Court Act. The accused was not properly informed of the charge, his constitutional rights, or given an opportunity to adduce evidence or address the court in mitigation. The absence of a recorded transcript further undermined the fairness of the proceedings. The conduct of the accused constituted misbehavior in court, but the summary procedure was not properly followed, rendering the conviction and sentence invalid. The sen…

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• Contempt Of Court
• Summary Procedure
• Misbehavior In Court
• Constitutional Rights
• Magistrates Courts Act

Mhlarhi v Tzaneen Staal Industries (Edms) Bpk (HCA21/2017)

Mhlarhi v Tzaneen Staal Industries (Edms) Bpk (HCA21/2017) [2017] ZALMPPHC 32 (27 October 2017)

Court

Limpopo High Court, Polokwane

Case number

HCA 21/2017

Judges

E M Makgoba, M S Sikhwari

The court held that Section 36(1)(a) of the Magistrate’s Courts Act is not limited to default judgments and applies to any judgment granted in the absence of the affected party, including summary judgments. The absence is determined by the failure to file opposing papers, not merely by physical presence in court. Since the appellant’s attorney attended the hearing without filing opposing papers, the judgment was granted in default. The Magistrate’s Court erred in upholding the point in limine and refusing to hear the rescission application on its merits. The appeal was upheld, the Magistrate’…

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• Summary Judgment
• Rescission Of Judgment
• Default Judgment
• Magistrates Courts Act
• Rule 49 Procedure