South Africa Case Law

Connectpro (Pty) Ltd t/a Nashua Welkom v Matjhabeng Local Municipality and Others (6823/2023)

Connectpro (Pty) Ltd t/a Nashua Welkom v Matjhabeng Local Municipality and Others (6823/2023) [2025] ZAFSHC 165 (5 June 2025)

Court

Free State High Court, Bloemfontein

Case number

6823/2023

Judge

Boonzaaier AJ

The court found that the first and second respondents were in contempt of court for failing to comply with previous orders relating to the ongoing sewage spillage affecting the applicant's property. The requirements for contempt were satisfied: the orders existed, were properly served, and non-compliance was admitted. The respondents' explanations—resource constraints, equipment failures, and involvement of other agencies—did not excuse their failure to comply. The court rejected the points in limine regarding non-joinder and personal liability, finding that the municipal manager was sufficie…

Source excerpt

• Contempt Of Court
• Municipal Service Delivery
• Non Compliance With Court Order
• Joinder Of Parties

Redec Services (Pty) Ltd and Others v Kansai Plascon (Pty) Ltd ( Application for Leave to Apeal) (2020/29803)

Redec Services (Pty) Ltd and Others v Kansai Plascon (Pty) Ltd ( Application for Leave to Apeal) (2020/29803) [2025] ZAGPJHC 537 (29 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2020/29803

Judge

H M Viljoen

The High Court dismissed an application for leave to appeal against striking out the defendants’ defence for non-compliance with a court order.

• Leave To Appeal
• Striking Out Defence
• Non Compliance With Court Order
• Discretionary Sanctions
• Condonation Application
• Leave-to-appeal

Kansai Plascon (Pty) Ltd v Rednec Services (Pty) Ltd and Others (2020/29803)

Kansai Plascon (Pty) Ltd v Rednec Services (Pty) Ltd and Others (2020/29803) [2025] ZAGPJHC 152 (18 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2020/29803

Judge

H M Viljoen

The High Court struck out the defendants’ defence for persistent non-compliance with court orders and rules, then entered judgment for the plaintiff.

• Striking Out Of Defence
• Summary Judgment
• Non Compliance With Court Order
• Practice Manual Enforcement
• Striking-out-of-defence
• Summary-judgment

Thabazimbi Air Compressors v ACDC Winding (Pty) Ltd (39556/20)

Thabazimbi Air Compressors v ACDC Winding (Pty) Ltd (39556/20) [2024] ZAGPPHC 781 (8 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

39556/20

Judge

Kekana

The High Court granted an application to strike out a respondent’s answering affidavit for persistent non-compliance with rules and a court order, with attorney-and-client costs.

• Striking Out
• Irregular Step
• Non Compliance With Court Order
• Condonation
• Prejudice
• Uniform Rules Of Court

Trustees for the time being of Sasol Siyakha Enterprise and Supplier Development v Seraj Transport (Pty) Ltd and Others (33046/2019)

Trustees for the time being of Sasol Siyakha Enterprise and Supplier Development v Seraj Transport (Pty) Ltd and Others (33046/2019) [2023] ZAGPJHC 493 (16 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

33046/2019

Judge

Strydom

The High Court struck out the defences of several respondents for failing to comply with an order to file heads of argument and practice notes.

• Striking Out Of Defence
• Non Compliance With Court Order
• Heads Of Argument Filing
• Practice Note Filing
• Civil-procedure
• Striking-out-of-defence

Elecmec Transmissions CC v Maluma Farming Enterprise 1938 (Pty) Ltd; In re: Enig (Pty) Ltd and Another v Elemec Transmissions CC (4750/2017)

Elecmec Transmissions CC v Maluma Farming Enterprise 1938 (Pty) Ltd; In re: Enig (Pty) Ltd and Another v Elemec Transmissions CC (4750/2017) [2023] ZALMPPHC 12 (16 March 2023)

Court

Limpopo High Court, Polokwane

Case number

4750/2017

Judge

R.P Mdhluli

The application to strike out the Respondent's claim was dismissed because the Applicant failed to prove non-compliance with the court order. The court found that the order had not been served on the Respondent, and therefore the time for compliance had not commenced. The Respondent had complied with the order to the extent possible, and the Applicant failed to demonstrate any prejudice in the conduct of its defence. The court exercised its discretion under Rule 35(7) and held that the application was premature and unnecessary. The drastic remedy of striking out a claim is only justified in c…

Source excerpt

• Discovery
• Rule 35
• Non Compliance With Court Order
• Striking Out Claim
• Prejudice Requirement

Baben v Botha N.O (24537/2015)

Baben v Botha N.O (24537/2015) [2022] ZAGPPHC 668 (16 September 2022)

Court

North Gauteng High Court, Pretoria

Case number

24537/2015

Judge

Potterill

The High Court dismissed an application for leave to appeal against direct imprisonment and punitive costs in a contempt matter, finding no prospects of a different outcome.

• Contempt Of Court
• Direct Imprisonment
• Punitive Costs
• Non Compliance With Court Order
• Contempt-of-court
• Direct-imprisonment

MEC for Education Mpumalanga v Kotze (17290/2013)

MEC for Education Mpumalanga v Kotze (17290/2013) [2017] ZAGPPHC 504 (21 August 2017)

Court

North Gauteng High Court, Pretoria

Case number

17290/2013

Judge

Millar

The High Court condoned the applicant’s late compliance with a prior order and granted leave to file amended particulars of claim, despite a weak explanation for the delay.

• Condonation
• Amendment Of Pleadings
• Non Compliance With Court Order
• Amendment-of-pleadings
• Civil-procedure
• Non-compliance-with-court-order

Netcare Pretoria One (Pty) Ltd v Roelofse (50314/2007)

Netcare Pretoria One (Pty) Ltd v Roelofse (50314/2007) [2015] ZAGPPHC 207 (3 March 2015)

Court

North Gauteng High Court, Pretoria

Case number

50314/2007

Judge

G. Webster

An unopposed application to dismiss a medical negligence action was granted after the plaintiff died, no substitution occurred, and discovery orders were ignored.

• Dismissal For Want Of Prosecution
• Substitution Of Parties
• Non Compliance With Court Order
• Dismissal-for-want-of-prosecution
• Substitution-of-parties
• Non-compliance-with-court-order

Brite Season Trading t/a Freight All v Govender (AR 9/2013)

Brite Season Trading t/a Freight All v Govender (AR 9/2013) [2013] ZAKZPHC 20 (13 May 2013)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 9/2013

Judges

Gorven, Mnguni

The court dismissed an appeal against a special plea because the appellant filed action well outside a court-ordered time limit and sought no condonation.

• Special Plea
• Non Compliance With Court Order
• Condonation
• Time Limits
• Civil-procedure
• Special-plea