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South Africa Case Law

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Delict [2025] ZAMPMBHC 74

Ntimane v Road Accident Fund (297/2017)

Ntimane v Road Accident Fund (297/2017) [2025] ZAMPMBHC 74 (12 August 2025)

The High Court granted absolution from the instance in a Road Accident Fund claim after finding material contradictions about the vehicles involved and no reliable proof of liability.

  • Road Accident Claim
  • Onus Of Proof
  • Contradictory Evidence
  • Absolution From The Instance
  • Road-accident-fund
  • Absolution-from-the-instance
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Labour Law [2025] ZALCJHB 345

East Rand Plastics (Proprietary) Limited v National Union of Metalworkers of South Africa obo Mabena (JR1400/22)

East Rand Plastics (Proprietary) Limited v National Union of Metalworkers of South Africa obo Mabena (JR1400/22) [2025] ZALCJHB 345 (8 August 2025)

Review of labour arbitration award involving alleged falsification of quality records. Court found the arbitrator misconceived the enquiry and upheld dismissal.

  • Review Of Arbitration Award
  • Substantive Fairness Of Dismissal
  • Dishonesty In Employment
  • Falsification Of Records
  • Procedural Fairness
  • Onus Of Proof
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Land And Property [2025] ZAGPJHC 772

Mofiko v Mthophe and Others (2024/044182)

Mofiko v Mthophe and Others (2024/044182) [2025] ZAGPJHC 772 (7 August 2025)

Eviction application dismissed because the respondent’s occupation remained lawful under an extant sale agreement and no lawful termination was shown.

  • Eviction
  • Unlawful Occupation
  • Sale Agreement
  • Alienation Of Land Act
  • Onus Of Proof
  • Unlawful-occupation
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Criminal Law [2025] ZAFSHC 229

Monareng v Minister of Police (2081/2020)

Monareng v Minister of Police (2081/2020) [2025] ZAFSHC 229 (5 August 2025)

The court found that the SAPS Special Task Force members acted lawfully and within the bounds of section 49 of the Criminal Procedure Act. The operation was based on credible intelligence regarding dangerous suspects involved in violent crimes. The SAPS members were properly briefed, used marked vehicles and a helicopter, and attempted a box-in manoeuvre to effect arrest. The plaintiff's vehicle fled, and shots were fired at the police from the suspect vehicle. Forensic evidence linked the plaintiff to the firearm found in the vehicle, which had an erased serial number and was unlicensed. The…

  • Use Of Force In Arrest
  • Section 49 Criminal Procedure Act
  • Vicarious Liability
  • Damages For Police Shooting
  • Onus Of Proof
  • Proportionality Of Force
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Labour Law [2025] ZALCJHB 325

Vilakazi v Avragystix (Pty) Ltd and Others (JR114/23)

Vilakazi v Avragystix (Pty) Ltd and Others (JR114/23) [2025] ZALCJHB 325 (1 August 2025)

Review of a CCMA award dismissed. The Labour Court held the applicant bore the onus in an unfair suspension dispute and found no reviewable irregularity or bias.

  • Unfair Labour Practice
  • Precautionary Suspension
  • Onus Of Proof
  • Arbitration Review
  • Disciplinary Inquiry
  • Unfair-labour-practice
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Criminal Law [2025] ZAWCHC 311

Bunu v S (Appeal) (A76/25)

Bunu v S (Appeal) (A76/25) [2025] ZAWCHC 311 (29 July 2025)

High Court appeal against refusal of bail in a Schedule 6 murder and robbery case was dismissed. The appellant failed to show exceptional circumstances.

  • Bail Application
  • Exceptional Circumstances
  • Interests Of Justice
  • Onus Of Proof
  • Witness Interference
  • Bail-application
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Labour Law [2025] ZALCCT 60

Letsemeng Local Municipality v South African Local Government Bargaining Council (SALGBC) and Others (C390/2021)

Letsemeng Local Municipality v South African Local Government Bargaining Council (SALGBC) and Others (C390/2021) [2025] ZALCCT 60 (21 July 2025)

The Labour Court dismissed a review of an arbitration award reinstating a dismissed employee, holding the commissioner’s approach and findings were reasonable on the evidence.

  • Review Of Arbitration Award
  • Gross Irregularity
  • Substantive Unfair Dismissal
  • Commissioner Duties
  • Onus Of Proof
  • Review-of-arbitration-award
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Civil Procedure [2025] ZAFSHC 206

Potsane v Minister of Police (5780/2019)

Potsane v Minister of Police (5780/2019) [2025] ZAFSHC 206 (4 July 2025)

The High Court dismissed a claim for unlawful arrest and detention, finding the officer had reasonable suspicion under section 40(1)(b) of the CPA.

  • Unlawful Arrest
  • Unlawful Detention
  • Section 40 Criminal Procedure Act
  • Damages Claim
  • Onus Of Proof
  • Reasonable Suspicion
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Commercial And Corporate [2025] ZAGPJHC 631

Skynet Warehousing (Pty) Ltd v Umnothowethu (27703/2020)

Skynet Warehousing (Pty) Ltd v Umnothowethu (27703/2020) [2025] ZAGPJHC 631 (23 June 2025)

The plaintiff discharged its onus by providing credible and corroborated evidence that it performed its obligations under the agreement, delivered the required services, and provided proof of delivery. The defendant failed to adduce any evidence to rebut the plaintiff's version or support its counterclaim, despite indicating it would call witnesses. Documentary evidence from the Gauteng Department of Education confirmed that all invoices submitted by the defendant were paid in full, undermining the defendant's assertion that non-payment by the GDE justified its refusal to pay the plaintiff. T…

  • Specific Performance
  • Contractual Breach
  • Counterclaim
  • Onus Of Proof
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Criminal Law [2025] ZAMPMHC 33

Janse Van Rensburg v S (Bail Appeal) (BA02/2025; SA158/2024)

Janse Van Rensburg v S (Bail Appeal) (BA02/2025; SA158/2024) [2025] ZAMPMHC 33 (23 June 2025)

The High Court dismissed a bail appeal, finding the appellant failed to show the interests of justice permitted release and remained a flight risk.

  • Bail Application
  • Flight Risk
  • Criminal Procedure Act
  • Schedule 5 Offence
  • Onus Of Proof
  • Bail-appeal
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.