South Africa Case Law

Hendricks v City of Cape Town and Another (12803/2024)

Hendricks v City of Cape Town and Another (12803/2024) [2025] ZAWCHC 344 (13 August 2025)

Court

Western Cape High Court, Cape Town

Case number

12803/2024

Judge

Da Silva Salie

Transnet Limited has a direct and substantial interest in the subject matter of the action, as the dispute over ownership and responsibility for the manhole directly implicates its legal interests. The risk of inconsistent judgments and prejudice to the applicant, particularly regarding the prescription period, necessitates joinder. The denial of liability by Transnet does not negate its interest; rather, the dispute itself underscores the need for its participation. Joinder will not cause undue prejudice to Transnet beyond its involvement in the proceedings, which is inherent in any joinder.…

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• Joinder Of Parties
• Direct And Substantial Interest
• Municipal Liability
• Prescription Period

Manqele v Baloyi Masango Inc Attorneys and Others (896/2023)

Manqele v Baloyi Masango Inc Attorneys and Others (896/2023) [2025] ZAMPMBHC 75 (12 August 2025)

Court

Mbombela High Court, Mpumalanga

Case number

896/2023

Judge

Vukeya

The High Court dismissed a defamation claim over an investigative municipal report, finding qualified privilege, no unlawful publication, and no proof of malice.

• Defamation
• Qualified Privilege
• Publication Requirement
• Animus Iniuriandi
• Municipal Liability
• Qualified-privilege

Parkin and Others v Knysna Local Municipality (5855/2020)

Parkin and Others v Knysna Local Municipality (5855/2020) [2025] ZAWCHC 182; [2025] 3 All SA 530 (WCC) (29 April 2025)

Court

Western Cape High Court, Cape Town

Case number

5855/2020

Judge

Holderness

The court found that the issues raised in the special pleas of non-joinder and misjoinder are not inextricably interwoven with the remaining issues for determination in the main action. The determination of which municipality bears the legal duties relied upon by the plaintiffs is a discrete legal question that can be conveniently separated and adjudicated first. The court held that if the defendant succeeds on its misjoinder plea, it will be dispositive of the plaintiffs’ claim against it. The court further found that the determination of non-joinder should precede the merits to avoid making…

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• Separation Of Issues
• Non Joinder
• Misjoinder
• Municipal Liability
• Fire Damage
• Statutory Duties

Abrahams v City of Cape Town (25026/2011)

Abrahams v City of Cape Town (25026/2011) [2025] ZAWCHC 173 (22 April 2025)

Court

Western Cape High Court, Cape Town

Case number

25026/2011

Judge

Bhoopchand

The High Court dismissed the City’s application for absolution after evidence that road water pooling and drainage failures may have caused a severe crash.

• Municipal Liability
• Road Maintenance
• Negligence
• Personal Injury
• Absolution From Instance
• Causation

Yende v City of Johannesburg Metropolitan Municipality and Another (53968/2021)

Yende v City of Johannesburg Metropolitan Municipality and Another (53968/2021) [2025] ZAGPJHC 392 (22 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

53968/2021

Judge

Domingo

The High Court found the municipality and road agency liable for an uncovered manhole that injured the plaintiff, but reduced damages by 50% for contributory negligence.

• Municipal Liability
• Contributory Negligence
• Personal Injury
• Apportionment Of Damages
• Duty Of Care
• Public Infrastructure Maintenance

Schaffer v City of Cape Town (appeal) (4204/2019)

Schaffer v City of Cape Town (appeal) (4204/2019) [2025] ZAWCHC 155 (26 March 2025)

Court

Western Cape High Court, Cape Town

Case number

4204/2019

Judge

Montzinger

The High Court dismissed an application for leave to appeal in a delict claim over a pavement defect, finding no reasonable prospect of success.

• Municipal Liability
• Wrongfulness
• Negligence
• Leave To Appeal
• Reasonable Prospects
• Costs Order

Changing Tides 74 (Pty) Ltd v City of Johannesburg (40135/2016)

Changing Tides 74 (Pty) Ltd v City of Johannesburg (40135/2016) [2025] ZAGPJHC 279 (14 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

40135/2016

Judge

Mahosi

The City of Johannesburg's failure to comply with the Claassen Order to provide temporary emergency accommodation to the unlawful occupiers was wrongful and constituted a breach of both the occupiers' constitutional right to adequate housing and Changing Tides' right to property. The City agreed to the deadline for accommodation with full knowledge of its financial position and failed to seek a variation of the order when it became unable to comply. Its conduct was reckless and demonstrated a lack of political will, resulting in Changing Tides being deprived of the use and income of its prope…

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• Pure Economic Loss
• Failure To Comply With Court Order
• Right To Adequate Housing
• Deprivation Of Property
• Municipal Liability
• Damages Assessment

Wagg and Another v City of Johannesburg Metropolitan Municipality and Another (Application for Leave to Appeal) (2019/42316)

Wagg and Another v City of Johannesburg Metropolitan Municipality and Another (Application for Leave to Appeal) (2019/42316) [2025] ZAGPJHC 199 (28 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2019/42316

Judge

Aucamp

The court found that the Municipal Manager was properly cited and served in his personal capacity in the contempt application, and that the procedural objections raised by the respondents regarding joinder and service were without merit. The authorities relied upon by the respondents did not support the contention that formal joinder under Rule 10 was required in the circumstances. The respondents admitted non-compliance with the Majavu AJ judgment, and the issue of impossibility due to account closure had already been dismissed by a previous judgment. The court held that the requirements for…

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• Contempt Of Court
• Joinder Of Parties
• Municipal Liability
• Wilful Non Compliance

Schaefer v City of Cape Town (4204/2019)

Schaefer v City of Cape Town (4204/2019) [2025] ZAWCHC 46 (17 February 2025)

Court

Western Cape High Court, Cape Town

Case number

4204/2019

Judge

Montzinger

The High Court dismissed a pedestrian’s claim against Cape Town after a fall on a sidewalk brick, finding the defect minor, unreported, and not wrongful or negligent.

• Municipal Liability
• Personal Injury
• Duty Of Care
• Wrongfulness
• Negligence
• Sidewalk Defects

B.A.B v Pixley Ka Seme District Municipality (C742/2021)

B.A.B v Pixley Ka Seme District Municipality (C742/2021) [2024] ZALCCT 60 (5 December 2024)

Court

Labour Court Cape Town

Case number

C742/2021

Judge

Duba

The court found that while the applicant's explanation for the delay in filing the statement of case was weak and lacked detail, it was not wholly absent. The seriousness of the allegations of sexual harassment and discrimination, the importance of the matter, and the interests of justice justified granting condonation despite the long delay and inadequate explanation. The respondent's arguments regarding lack of liability and prejudice were considered but did not outweigh the need for the matter to be heard, especially given the acknowledgment of the incident and the constitutional values at…

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• Condonation
• Sexual Harassment
• Unfair Discrimination
• Municipal Liability