South Africa Case Law

Zulu v Road Accident Fund (2023/024137)

Zulu v Road Accident Fund (2023/024137) [2025] ZAGPPHC 714 (10 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023/024137

Judge

R Hawman

The court held that the defendant, having been barred from delivering its plea, could not automatically re-enter the litigation or plead to the amended particulars of claim without a formal application to uplift the bar. The amendment of the plaintiff's claim did not constitute the introduction of new issues nor did it entitle the defendant to plead afresh. The only route available to the defendant was to apply for upliftment of the bar or for condonation, which was not done. Allowing automatic upliftment would undermine the plaintiff's rights and the court's discretion, and infringe the audi…

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• Default Judgment
• Notice Of Bar
• Amendment Of Pleadings
• Failure To Plead
• Rule 27 Condonation
• Road Accident Claim

Katlego v Road Accident Fund (4792/2022)

Katlego v Road Accident Fund (4792/2022) [2025] ZAGPJHC 377 (5 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

4792/2022

Judge

Ralikhuvhana

The court held that a plaintiff could seek default judgment against the Road Accident Fund without first serving a notice of bar, where no plea was filed and Rule 31(5)(a) was complied with.

• Default Judgment
• Notice Of Bar
• Uniform Rule 31
• Uniform Rule 26
• Practice Directive
• Road Accident Fund Act

Alexia Kobusch and Others v Wendy Whitehead (515/2023)

Alexia Kobusch and Others v Wendy Whitehead (515/2023) [2025] ZASCA 24; 2025 (3) SA 403 (SCA) (27 March 2025)

Court

Supreme Court of Appeal

Case number

515/2023

Judges

Molefe, Mothle, Unterhalter, Mjali, Mantame

The Supreme Court of Appeal held that a late rule 23(1)(a) notice could not preserve a barred true exception. The exception was dismissed and the appeal upheld.

• Notice Of Bar
• Exception Procedure
• Standing To Sue
• Uniform Rules Of Court
• Costs Award
• Civil-procedure

Ingqwele Consulting and Projects Management (Pty) Ltd v Cummins South Africa (Pty) Ltd (27880/2022)

Ingqwele Consulting and Projects Management (Pty) Ltd v Cummins South Africa (Pty) Ltd (27880/2022) [2025] ZAGPPHC 293 (17 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

27880/2022

Judge

Geach

The court held that the respondent's notice of bar was premature, as it was served immediately after the dismissal of the applicant's exception without allowing the applicant the twenty-day period to plead as contemplated by Rule 22(1). The rules do not provide for immediate barring in such circumstances, and the notice of bar should only be served after the time to plead has elapsed post-dismissal. The applicant's failure to respond within five days to an illegitimate notice of bar does not constitute a delay requiring explanation. The applicant's plea and counterclaims, though delivered bel…

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• Uplifting Of Bar
• Default Judgment
• Notice Of Bar
• Good Cause
• Rule 26
• Rule 27

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

Naledi Local Municipality and Another v Makwati (354/2023)

Naledi Local Municipality and Another v Makwati (354/2023) [2025] ZANWHC 28 (14 February 2025)

Court

North West High Court, Mafikeng

Case number

354/2023

Judge

Wessels

The court found that the first Rule 30 notice was filed outside the prescribed 10-day period and no condonation was sought, rendering it irregular and not properly before the court. Rule 30A does not apply to irregular steps where Rule 30 provides a specific remedy and timeframe. The respondent's notice of bar was declared an irregular step because it was issued while the first Rule 30 notice was pending and had not been adjudicated or withdrawn. The applicants were entitled to relief in the second Rule 30 application, but the court declined to strike out the respondent's claim in its entiret…

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• Uniform Rules Of Court
• Rule 30 Irregular Proceedings
• Rule 30a Non Compliance
• Joinder
• Notice Of Bar

Oertel v Kok and Others (097739/23)

Oertel v Kok and Others (097739/23) [2025] ZAGPPHC 93 (31 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

097739/23

Judge

N G M Mazibuko

The court found that while the respondents' notice to remove cause of complaint was not delivered within the time prescribed by rule 23(1)(a), its filing within the period allotted in the notice of bar was not irregular. However, it was not a proper response to the notice of bar, as a proper response would have been a plea or the exception itself. The respondents did not seek condonation for the late filing of the exception at the time, and thus were technically under bar from 10 November 2023. Nevertheless, the court exercised its discretion to grant condonation for the late filing of the ex…

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• Notice Of Bar
• Exception Procedure
• Condonation
• Irregular Steps
• Upliftment Of Bar

Zuma v Road Accident Fund (2014/19415)

Zuma v Road Accident Fund (2014/19415) [2024] ZAGPJHC 1238 (27 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2014/19415

Judge

Erasmus

The court held that the plaintiff's substantial amendment to the particulars of claim, which increased the quantum claimed, reopened pleadings. As a result, the defendant was entitled to plead afresh to the amended claim. Default judgment could not be granted until pleadings were closed again, either by the defendant amending its plea or by the expiry of the notice of bar period. The procedural requirements for closing pleadings after an amendment must be strictly observed before default judgment is sought. The dismissal of the default judgment application was therefore procedurally correct,…

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• Amendment Of Pleadings
• Default Judgment
• Close Of Pleadings
• Notice Of Bar

MEC for Education North West and Another v Engelbrecht and Others (2516/2022)

MEC for Education North West and Another v Engelbrecht and Others (2516/2022) [2024] ZANWHC 208 (13 November 2024)

Court

North West High Court, Mafikeng

Case number

2516/2022

Judge

M Z Makoti

The court held that the delivery of a notice of bar by the respondents was not an irregular step, as the Uniform Rules do not provide that a Rule 35(14) notice suspends the time for pleading. The Department ought to have applied for an extension of time to plead or to file its application to compel discovery. The Department's reliance on Sanniegraan was misplaced, as the weight of authority supports the view that the dies for pleading are not suspended by a Rule 35(14) notice. The application to declare the notice of bar irregular was dismissed, but the Department was granted a further ten da…

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• Notice Of Bar
• Rule 35 Discovery
• Rule 30a Irregular Step
• Extension Of Time
• Pleading Periods

South Africa Municipal Workers Union v Mahlomoyane and Other (2023/014975)

South Africa Municipal Workers Union v Mahlomoyane and Other (2023/014975) [2024] ZAGPJHC 1175 (12 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/014975

Judge

Liebenberg

The court held that the late filing of amended pages under Rule 28(5) does not render the amendment a nullity, but may be considered irregular. However, the applicant failed to seek the setting aside of the amended pages and did not demonstrate any substantive prejudice resulting from the alleged irregularity. The application to set aside the notice of bar was therefore dismissed, and the applicant was ordered to deliver its plea within five days and pay the costs of the application. The court emphasized that procedural rules should not be rigidly enforced to the detriment of justice and the…

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• Rule 28 Amendment
• Notice Of Bar
• Irregular Proceedings
• Prejudice Requirement