South Africa Case Law

a)BNP Paribas v Competition Commission of South Africa

The Commission had not appealed CAC I and had accepted it by filing the superseding affidavit in purported compliance with its orders; accordingly the section 3(1) rulings in CAC I were res judicata and perempted. The Act did not prohibit post-referral joinder, and no fresh initiation was required for further respondents. On the merits, only JPM Bank and SAI succeeded for the Commission, while CSS succeeded in resisting joinder; most other factual challenges failed because they raised no legal error engaging constitutional appellate jurisdiction. BNP’s vague-and-embarrassing exception was not…

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• Leave to appeal
• Exception procedure
• Joinder
• Complaint initiation
• Personal jurisdiction
• Subject matter jurisdiction

Minister of Trade, Industry and Competition and Another v Wina Njalo (RF) (Pty) Ltd (Leave to Appeal) (039592/2025)

Minister of Trade, Industry and Competition and Another v Wina Njalo (RF) (Pty) Ltd (Leave to Appeal) (039592/2025) [2025] ZAGPPHC 617 (18 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

039592/2025

Judge

S. Potterill

The applications for leave to appeal are dismissed on the grounds that there are no reasonable prospects that another court would reach a different conclusion on the issues raised. The Minister's appeal is moot due to the subsequent appointment of Sizekhaya Holdings as the Fourth National Lottery operator and the conclusion of a temporary licence agreement with Ithuba Holdings, rendering the orders sought to be appealed of no practical effect. The NLC's application is dismissed both on the merits and on the basis of peremption, as its conduct and statements in seeking an extension of the susp…

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• Promotion Of Administrative Justice Act
• Mootness
• Peremption
• Review Of Administrative Action
• Procurement Process
• Costs Award

Minerals Operations Executive (Pty) Ltd ta Minopex v Commissioner for Conciliation Mediation and Arbitration and Others (Leave to Appeal) (JR759/21)

Minerals Operations Executive (Pty) Ltd ta Minopex v Commissioner for Conciliation Mediation and Arbitration and Others (Leave to Appeal) (JR759/21) [2025] ZALCJHB 3 (13 January 2025)

Court

Labour Court Johannesburg

Case number

JR 759/21

Judge

C Beckenstrater

The Labour Court granted condonation for late filing and leave to appeal, finding the delay explained and that another court could reach a different result.

• Condonation For Late Filing
• Leave To Appeal
• Review Of Arbitration Award
• Peremption
• Evidentiary Burden
• Condonation

Master of the High Court Mahikeng v Van Der Westhuizen N.O and Others (M620/2022)

Master of the High Court Mahikeng v Van Der Westhuizen N.O and Others (M620/2022) [2025] ZANWHC 2 (6 January 2025)

Court

North West High Court, Mafikeng

Case number

M620/2022

Judge

Petersen

The High Court rescinded a default declaratory order and set aside a liquidation account, finding a bona fide defence despite a weak explanation for the Master’s default.

• Rescission Of Judgment
• Default Judgment
• Liquidation And Distribution Account
• Doctrine Of Peremption
• Interpretation Of Insolvency Legislation
• Rescission-of-judgment

Lions Hill Development Company (Pty) Limited and Others v Investec Bank Limited (8491/2022)

Lions Hill Development Company (Pty) Limited and Others v Investec Bank Limited (8491/2022) [2024] ZAWCHC 390 (26 November 2024)

Court

Western Cape High Court, Cape Town

Case number

8491/2022

Judge

M W Janisch

The court found that the applicants had unequivocally acquiesced in the settlement agreements and addenda made orders of court, thereby perempting any right to seek rescission or variation. The applicants benefited from the orders, negotiated further terms, and only challenged the orders when enforcement became imminent. The orders, though incorporating some terms not strictly part of the original action, were entered into within the context of litigation and are not objectionable. The orders are final, clear, and enforceable as judgments, establishing liability for the consolidated debt, cos…

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• Rescission Of Judgment
• Settlement Agreement
• Peremption
• Enforcement Of Judgments
• Special Executability
• Variation Of Court Orders

Maake v Commission for Conciliation, Mediation and Arbitration and Others (JR2313/16)

Maake v Commission for Conciliation, Mediation and Arbitration and Others (JR2313/16) [2024] ZALCJHB 481 (25 November 2024)

Court

Labour Court Johannesburg

Case number

JR2313/16

Judge

Connie Prinsloo

The Labour Court struck a review off the roll after finding no jurisdiction, because the review was filed late without proper condonation and the delay was inadequately explained.

• Condonation
• Jurisdiction
• Unfair Dismissal
• Peremption
• Review Of Arbitration Award
• Labour-law-review

Minister of Police v Ngoyo (Leave to Appeal) (5341/2018)

Minister of Police v Ngoyo (Leave to Appeal) (5341/2018) [2024] ZAECMHC 83 (5 November 2024)

Court

Eastern Cape High Court, Mthatha

Case number

5341/2018

Judge

RWN Brooks

The High Court dismissed condonation and leave to appeal, finding a 14-month unexplained delay, peremption through acquiescence, and negligible prospects of success.

• Condonation For Late Filing
• Peremption Of Appeal Right
• Prescription Of Claim
• Institution Of Legal Proceedings Against Organs Of State
• Condonation
• Leave-to-appeal

Road Accident Fund v Newnet Properties (Pty) Ltd Sunshine Hospital (32323/2020)

Road Accident Fund v Newnet Properties (Pty) Ltd Sunshine Hospital (32323/2020) [2024] ZAGPPHC 656 (2 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

32323/2020

Judge

Collis

The High Court dismissed a rescission application, finding no reasonable explanation for default, no valid Rule 42 error, and conduct amounting to peremption.

• Rescission Of Judgment
• Wilful Default
• Peremption
• Unliquidated Damages
• Rule 31
• Rule 42

Khumalo v Sheriff Johannesburg Central and Another (2269/2008)

Khumalo v Sheriff Johannesburg Central and Another (2269/2008) [2024] ZAGPJHC 497 (21 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2269/2008

Judge

Green

The High Court dismissed a sheriff’s application for leave to appeal, finding that his notice to abide the main judgment amounted to peremption.

• Peremption Of Appeal
• Leave To Appeal
• Costs Award
• Sheriffs Act Liability
• Leave-to-appeal
• Peremption

Mhlontlo Local Municipality and Others v Ngcangula and Another (1154/2022)

Mhlontlo Local Municipality and Others v Ngcangula and Another (1154/2022) [2024] ZASCA 5; [2024] 3 BLLR 239 (SCA); (2024) 45 ILJ 775 (SCA) (17 January 2024)

Court

Supreme Court of Appeal

Case number

1154/2022

Judges

Nicholls, Carelse, Matojane, Chetty, Tokota

The SCA held that the High Court had jurisdiction over an employment-contract claim, but the employees failed to prove entitlement to a 2.5% notch increment.

• Jurisdiction Of Civil Courts
• Breach Of Employment Contract
• Salary Deductions
• Basic Conditions Of Employment Act
• Peremption
• Mootness