South Africa Case Law

Department of Agriculture Land Reform and Rural Development: Director General v Barolong Boo Maiketso Communal Property Association and Others (Leave to Appeal) (UM262/2023)

Department of Agriculture Land Reform and Rural Development: Director General v Barolong Boo Maiketso Communal Property Association and Others (Leave to Appeal) (UM262/2023) [2025] ZANWHC 141 (11 August 2025)

Court

North West High Court, Mafikeng

Case number

UM262/2023

Judge

Dibetso-Bodibe

The High Court refused leave to appeal against its earlier ex parte reconsideration order, finding no reasonable prospects of success.

• Leave To Appeal
• Locus Standi
• Ex Parte Orders
• Communal Property Association Act
• Motion Proceedings
• Leave-to-appeal

Ellisras Brandstof and Olieverspreiders (Pty) Ltd and Others v Q4 Fuel (Pty) Ltd (Appeal) (HCAA10/2024 ; 10146/2022)

Ellisras Brandstof and Olieverspreiders (Pty) Ltd and Others v Q4 Fuel (Pty) Ltd (Appeal) (HCAA10/2024 ; 10146/2022) [2025] ZALMPPHC 151 (11 August 2025)

Court

Limpopo High Court, Polokwane

Case number

HCAA10/2024

Judges

Bresler AJ, Ngobeni J, Mangena AJ

The court found that the dispute regarding the calculation of the outstanding balance under the loan agreement was genuine and material, as the required monthly reconciliation and sign-off by both parties had not occurred. The respondent's reliance on a certificate of balance was insufficient to establish the claim on a balance of probabilities, given the lack of compliance with the prescribed methodology and the omission of branding costs. The matter was not suitable for determination on affidavit, and the application procedure was inappropriate in the circumstances. The court held that the…

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• Motion Proceedings
• Loan Agreement Dispute
• Quantification Of Claim
• Genuine Dispute Of Fact
• Referral To Trial

Lisbon Developments (Pty) Ltd and Others v Mhlongo and Others (Leave to Appeal) (1904/2023)

Lisbon Developments (Pty) Ltd and Others v Mhlongo and Others (Leave to Appeal) (1904/2023) [2025] ZAMPMBHC 64 (28 July 2025)

Court

Mbombela High Court, Mpumalanga

Case number

1904/2023

Judge

Mashile

The High Court granted leave to appeal in a land and trust dispute concerning a community-owned trust, finding compelling reasons under section 17(1)(a)(iii).

• Trust Law
• Alienation Of Land Act
• Leave To Appeal
• Community Land Rights
• Motion Proceedings
• Deeds Registry Act

Naledi Coal and Logistics Proprietary Limited v Li Coal Clean Coal Gaification Proprietary Limited (Application for Leave to Appeal) (2024/07529)

Naledi Coal and Logistics Proprietary Limited v Li Coal Clean Coal Gaification Proprietary Limited (Application for Leave to Appeal) (2024/07529) [2025] ZAGPJHC 723 (23 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/07529

Judge

Pearse AJ

The High Court dismissed an application for leave to appeal against an order requiring reimbursement of coal transport costs, finding no reasonable prospect of success.

• Leave To Appeal Test
• Breach Of Contract
• Agency And Mandate
• Arbitration Clause
• Motion Proceedings
• Plascon Evans Rule

Minister of Police v Gareng (2815/24)

Minister of Police v Gareng (2815/24) [2025] ZANWHC 113 (3 July 2025)

Court

North West High Court, Mafikeng

Case number

2815/24

Judge

Oosthuizen-Senekal

The High Court dismissed the Minister of Police’s application to uplift a bar, finding the delay unexplained and no bona fide defence shown.

• Upliftment Of Bar
• Rule 26 Uniform Rules
• Motion Proceedings
• Founding Affidavit Requirements
• Bona Fide Defence
• Costs Orders

City and Atlantic Real Estate CC t/a Remax Living v Smith and Others (Leave to Appeal) (2 July 2025) (7118/2023)

City and Atlantic Real Estate CC t/a Remax Living v Smith and Others (Leave to Appeal) (2 July 2025) (7118/2023) [2025] ZAWCHC 304 (2 July 2025)

Court

Western Cape High Court, Cape Town

Case number

7118/2023

Judge

Parker

The High Court refused leave to appeal, finding no reasonable prospects of success on issues about effective cause, the mandate, or costs.

• Leave To Appeal Threshold
• Estate Agent Commission
• Effective Cause Of Sale
• Contractual Interpretation
• Motion Proceedings
• Costs Order

Boulder Processing (Pty) Ltd and Others v Ngwaabe Steelbridge Business Forum and Others (6111/2023)

Boulder Processing (Pty) Ltd and Others v Ngwaabe Steelbridge Business Forum and Others (6111/2023) [2025] ZALMPPHC 126 (25 June 2025)

Court

Limpopo High Court, Polokwane

Case number

6111/2023

Judge

Bresler

The court made a final interdict against the first four respondents, but discharged the interim order against the fifth respondent for lack of proof.

• Final Interdict
• Urgent Interdict
• Joinder And Misjoinder
• Motion Proceedings
• Party And Party Costs
• Final-interdict

Body Corporate Acubens v Foforane (2022-015844)

Body Corporate Acubens v Foforane (2022-015844) [2025] ZAGPPHC 649 (25 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

2022-015844

Judge

Kooverjie

The High Court confirmed the final sequestration of the respondent’s estate, finding acts of insolvency, a sufficient claim, and advantage to creditors.

• Sequestration
• Acts Of Insolvency
• Advantage To Creditors
• Nulla Bona Return
• Default Judgment
• Motion Proceedings

Minister of Police v Abrams (1857/2022)

Minister of Police v Abrams (1857/2022) [2025] ZANWHC 101 (12 June 2025)

Court

North West High Court, Mafikeng

Case number

1857/2022

Judge

Reddy

The court found that the applicant failed to provide a reasonable and acceptable explanation for the delay in delivering the application for upliftment of bar. The applicant's affidavit was lacking in primary facts and did not address the critical timelines relevant to good cause. Furthermore, the applicant did not set out a bona fide defence in the founding affidavit, and the defence raised in written argument was not supported by the facts presented. The court held that the requirements for condonation and upliftment of bar under Rule 27 of the Uniform Rules of Court were not satisfied. The…

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• Condonation
• Upliftment Of Bar
• Rule 27 Uniform Rules
• Bona Fide Defence
• Motion Proceedings

Khali v Uphongolo Local Municipality and Others (2025/058478)

Khali v Uphongolo Local Municipality and Others (2025/058478) [2025] ZALCD 20 (10 June 2025)

Court

Labour Court Durban

Case number

2025/058478

Judge

Allen-Yaman

The court found that the respondents' attorneys were duly authorised to represent the municipality, as the council had ratified the Acting Municipal Manager's actions ex post facto, which is permissible in law. The transcript of the council meeting was rejected as inadmissible due to lack of authenticity and reliability, as the applicant failed to establish its provenance and accuracy, particularly regarding translation from isiZulu to English. The court held that the municipality's Standing Rules and Orders do not require every decision to be taken by vote unless there is disagreement. There…

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• Municipal Manager Suspension
• Disciplinary Regulations For Senior Managers
• Authority To Represent Municipality
• Admissibility Of Electronic Evidence
• Motion Proceedings
• Costs In Labour Disputes