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South Africa decisions
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Van Aswegen v Van Aswegen and Another (133235/2024) [2025] ZACC 767 (31 July 2025)
The court granted partial relief for a conceded debt, ordered transfer papers for a vehicle, and referred the disputed balance to oral evidence.
Fermoyle N.O v 10x Investments (Pty) Ltd and Others (2023/119339) [2025] ZAGPJHC 578 (10 June 2025)
The court referred a dispute over a living annuity beneficiary nomination to oral evidence, finding the papers insufficient to decide whether the nomination was valid.
Qnet Networking Solutions (Pty) Ltd v D & E Steel (Pty) Ltd (24139/2024) [2025] ZAWCHC 227 (28 May 2025)
The High Court referred a locus standi dispute to oral evidence after finding the papers did not show that the applicant was the contracting party.
Feltre Trust and Others v Middelvlei Tenacres Properties (Pty) Ltd and Others (2024/019326) [2025] ZAGPJHC 549 (26 May 2025)
The court found that the failure to attach the trustee resolution to the sale agreement or founding affidavit did not render the contract void, as the resolution was executed prior to the agreement and authority was not challenged until later. The agreement was validly concluded and cancelled, and the penalty clause invoked the Conventional Penalties Act, making proportionality a live issue. The referral to oral evidence on proportionality was within the court's discretion under Rule 6(5)(g) and did not violate the functus officio doctrine, as it was an interlocutory order. The respondents' c…
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Chiodaroli N.O and Others v Yeboprop 7 Investment (Pty) Ltd and Others (Leave to Appeal) (18020/2022) [2025] ZAGPPHC 319 (31 March 2025)
The High Court dismissed an application for leave to appeal, finding no reasonable prospects of success and no basis to disturb its earlier lease ruling.
First Rand Bank Ltd and Another v Azrapart (Pty) Limited and Another (4437/2024) [2025] ZAFSHC 108 (27 March 2025)
Interim business rescue decision under section 131 was postponed pending confirmation of Redcore funding, while a referral to oral evidence was dismissed.
Tswaing Local Municipality v Ramphele and Others (M195/15) [2024] ZANWHC 84 (25 March 2024)
The court found that material disputes of fact exist regarding the existence and terms of a settlement agreement, the amount owed by the applicant to the first respondent, and the validity of the writs of execution. These disputes cannot be resolved on the papers. In the interests of justice, the court exercised its discretion under Rule 6(5)(g) of the Uniform Rules of Court to stay the writs of execution and refer the matter for oral evidence. The pleadings are to be deemed as summons, particulars of claim, plea, and replication, with further procedures to follow the Uniform Rules of Court.
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Vorster N.O v Buthelezi and Others (10754/2022P) [2024] ZAKZPHC 10 (16 February 2024)
Leave to appeal was dismissed after the court held there were no reasonable prospects of success and no basis for oral evidence on the papers.
Dube v South African Legal Practice Council (23500/2020) [2023] ZAGPPHC 743 (29 August 2023)
The High Court refused leave to appeal against an order referring a disciplinary suspension application to oral evidence, granted condonation, and awarded costs against Mr Dube.
Mercury Fittings CC v Doorware CC (00014/2023) [2023] ZAGPJHC 366 (24 April 2023)
The High Court refused leave to appeal against an interim order referring a factual dispute to oral evidence and preserving interdictory relief pending trial.
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