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South Africa decisions
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Standard Bank of South Africa Limited v Moloisane (2019/38095) [2025] ZAGPJHC 203 (5 March 2025)
The High Court dismissed Standard Bank’s Rule 30 strike-out application, holding that no prejudice was shown from the missing notice of motion in the respondent’s lay-drafted stay and rescission application.
Ramusi v Minister of Justice and Correctional Services and Another (4097/2022) [2025] ZAECMHC 9 (18 February 2025)
The High Court struck an application from the roll where the applicant tried to pursue evolved relief through a notice of set down without proper amendments or affidavits.
Firstrand Bank Limited v Initiative for Specialized Resource Management (Pty) Ltd and Others (046733/2023) [2024] ZAGPPHC 987 (26 September 2024)
The court held that initials on a suretyship satisfied the signature requirement and condoned an omitted hearing date in the notice of motion, granting judgment.
Micheals v Firstmile Prop JHB CBD Crown Mines (Pty) Ltd and Another (070685/2024) [2024] ZAGPJHC 949 (20 September 2024)
The High Court struck two urgent applications from the roll for want of urgency after repeated non-compliance with urgent-court procedure and notice requirements.
Mashaba v Judicial Commission of Inquiry Into Allegations of State Capture, Corruption and Fraud In The Public Sector, Including Organs of State and Others (14261/21) [2022] ZAGPPHC 586 (16 August 2022)
The High Court postponed an unopposed review application because the notice of motion did not state a hearing date and no Rule 16A notice was filed.
Meme-Akpta and Another v The Unlawful Occupiers of ERF 1168,City and Surban,44 Nugget Street,Johannesburg and Another (38141/2019) [2022] ZAGPJHC 482; 2023 (3) SA 649 (GJ) (26 July 2022)
The court found that the eviction application was fundamentally flawed both procedurally and on the merits. The notice of motion failed to state a hearing date, and service was not properly effected on all occupiers or the municipality. The process did not comply with the peremptory requirements of the Prevention of Illegal Eviction and Unlawful Occupation of Land Act or the Practice Manual. The municipality was not meaningfully engaged, preventing it from fulfilling its statutory obligations regarding alternative accommodation. The applicants' attempt to rely on opposition by a minority of o…
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Real Time Investments 158 t/a Civil Works v Commission for Conciliation, Mediation & Arbitration and Others (JA77/19) [2022] ZALAC 7; [2022] 6 BLLR 524 (LAC); (2022) 43 ILJ 1642 (LAC) (17 March 2022)
The Labour Appeal Court set aside a reinstatement order granted without notice and remitted the labour review for a fresh opposed hearing.
Qhalo v Road Freight & Logistics Industry Provident Fund (36271/16) [2018] ZAGPJHC 492 (19 April 2018)
The High Court rescinded a costs order because personal costs were not properly sought in the notice of motion, and made no order as to costs.
Waltloo Meat and Chicken SA (Pty) Ltd v Silvy Luis (Pty) Ltd and Others (18910/07) [2008] ZAGPHC 136; 2008 (5) SA 461 (T) (16 April 2008)
The High Court refused condonation for a late replying affidavit, finding the applicant’s notice of motion defective and the delay inadequately explained.
Ubunye Co-operative Housing (Association incorporated under Section 21) v Mbele and 31 Others (2) (54/05/01) [2005] ZAKZHC 13 (22 September 2005)
The Full Bench held that the existing practice in the Natal Provincial Division for PIE eviction applications is inconsistent with the Supreme Court of Appeal's binding interpretation in Cape Killarney. The correct procedure requires that eviction proceedings be commenced by notice of motion in terms of Rule 6, with the section 4(2) PIE notice served only after all affidavits have been exchanged and the date of hearing determined. The practice of seeking a rule nisi or ex parte directions before exchange of affidavits is irregular. Modifications to local practice are necessary to ensure compl…
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