South Africa Case Law

T.V v Z.L.V (2024/047424)

T.V v Z.L.V (2024/047424) [2025] ZAGPJHC 666 (5 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/047424

Judge

Franck

The court found that the respondent, despite being an attorney and officer of the court, wilfully and mala fide breached the parenting plan made an order of court by frustrating the applicant's contact rights, unlawfully taking the children abroad without proper notice, and denying contact on the child's birthday. The respondent's denials were contradicted by travel records obtained under subpoena, and her conduct constituted both contempt of court and perjury. The respondent failed to discharge her evidential burden regarding wilfulness and mala fides. The court held that a punitive sanction…

Source excerpt

• Parenting Plan
• Contempt Of Court
• Breach Of Contact Rights
• Perjury
• Punitive Costs

Routemaster (Pty) Ltd v Retro Active CC (SJP Intervening) (WCC16646/2022)

Routemaster (Pty) Ltd v Retro Active CC (SJP Intervening) (WCC16646/2022) [2024] ZAWCHC 265 (13 September 2024)

Court

Western Cape High Court, Cape Town

Case number

WCC16646/2022

Judge

Paschke AJ

The court granted the final winding-up of Retro Active CC, rejected its solvency and discretionary objections, awarded punitive costs, and referred perjury allegations for investigation.

• Winding Up Of Close Corporation
• Commercial Insolvency Test
• Creditor Rights
• Costs Award
• Perjury In Judicial Proceedings
• Winding-up

Rajah and Another v S (A102/2024)

Rajah and Another v S (A102/2024) [2024] ZAWCHC 260 (12 September 2024)

Court

Western Cape High Court, Cape Town

Case number

A102/2024

Judges

Bhoopchand AJ, Kusevitsky J

The High Court upheld the appeal and set aside convictions for theft and perjury arising from a construction payment dispute and affidavit errors.

• Theft
• Perjury
• Mens Rea
• Building Contracts
• Advance Payment
• Retention Of Funds

South African Legal Practice Council v Janse Van Rensburg (3938/2023)

South African Legal Practice Council v Janse Van Rensburg (3938/2023) [2024] ZAMPMBHC 42 (13 June 2024)

Court

Mbombela High Court, Mpumalanga

Case number

3938/2023

Judge

Roelofse

The court found that Ms Van Rensburg was aware of the suspension order and the section 18(3) order, and that she wilfully disobeyed these orders by continuing to practice as an attorney and representing clients in court. Her claims of pending appeals were false and constituted deliberate misrepresentation to the court, the LPC, and other parties. The respondent's reliance on locus standi under section 38 of the Constitution was found to be a fabrication, as her conduct and correspondence consistently indicated she was acting as an attorney. The defence that the orders were nullities was rejec…

Source excerpt

• Contempt Of Court
• Legal Practitioner Suspension
• Wilful Disobedience
• Perjury
• Section 18 Superior Courts Act

D.T v Magistrate Bester and Others (3376/2022)

D.T v Magistrate Bester and Others (3376/2022) [2023] ZAFSHC 334 (23 August 2023)

Court

Free State High Court, Bloemfontein

Case number

3376/2022

Judges

Daniso, Cronje

The High Court reviewed a magistrate’s bare acquittal on a private perjury prosecution and ordered a proper section 310(1) response with reasons.

• Private Prosecution
• Magistrates Court Review
• Failure To Provide Reasons
• Section 310 Criminal Procedure Act
• Rule 43 Interim Maintenance
• Private-prosecution

Society of Advocates of Polokwane v Maluleke and Another (7113/2017)

Society of Advocates of Polokwane v Maluleke and Another (7113/2017) [2023] ZALMPPHC 13 (17 March 2023)

Court

Limpopo High Court, Polokwane

Case number

7113/2017

Judges

Ranchod, Mashile

The court found that Mr Maluleke's conduct, including misappropriation of client funds, intimidation of colleagues, and perjury in his admission affidavit, was established on a balance of probabilities and remained uncontroverted due to his failure to file any answering affidavit. His repeated abuse of court process through frivolous interlocutory applications and contemptuous behaviour towards the bench further demonstrated a lack of integrity and respect for the profession. The court weighed these facts against the standards expected of legal practitioners and concluded that Mr Maluleke was…

Source excerpt

• Striking Off Roll
• Fit And Proper Person
• Unprofessional Conduct
• Perjury
• Disciplinary Proceedings

Talacar Holdings (Pty) Ltd v City Of Johannesburg Metropolitan Municipality and Others (44294/2020)

Talacar Holdings (Pty) Ltd v City Of Johannesburg Metropolitan Municipality and Others (44294/2020) [2023] ZAGPJHC 250 (8 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

44294/2020

Judge

ML Senyatsi

The High Court discharged a rule nisi seeking contempt findings and perjury charges over disputed municipal billing orders, and awarded costs against the applicant.

• Contempt Of Court
• Perjury
• Municipal Services Dispute
• Debatement Of Account
• Contempt-of-court
• Municipal-billing-dispute

Malinga v Minister of Police (A3115/2016)

Malinga v Minister of Police (A3115/2016) [2021] ZAGPJHC 858 (22 July 2021)

Court

South Gauteng High Court, Johannesburg

Case number

A3115/2016

Judges

Mkhabela, Meyer

The High Court upheld an appeal for damages after finding the arrest for alleged perjury unlawful because the arresting officer lacked the required Schedule 1 suspicion.

• Unlawful Arrest
• Quantum Of Damages
• Perjury
• Arrest Without Warrant
• Unlawful-arrest
• Arrest-without-warrant

Wessels v General Public Service Sectoral Bargaining Council and Others (JR2211/12)

Wessels v General Public Service Sectoral Bargaining Council and Others (JR2211/12) [2019] ZALCJHB 361 (19 December 2019)

Court

Labour Court Johannesburg

Case number

JR2211/12

Judge

Tlhotlhalemaje

The Labour Court upheld a prosecutor’s dismissal after finding she helped reproduce and backdate an affidavit, misled the court, and committed serious misconduct.

• Unfair Dismissal
• Misconduct
• Review Of Arbitration Award
• Perjury
• Defeating The Ends Of Justice
• Review-of-arbitration-award

Pretoria Society of Advocates v Van Zyl (517/18)

Pretoria Society of Advocates v Van Zyl (517/18) [2019] ZASCA 13 (14 March 2019)

Court

Supreme Court of Appeal

Case number

517/18

Judges

Ponnan, Majiedt, Wallis, Swain, Schippers

The Supreme Court of Appeal held that an advocate who stole colleagues’ funds, perjured herself, and forged bank statements was not fit to practise.

• Removal From Roll
• Professional Misconduct
• Theft
• Perjury
• Forgery And Uttering
• Professional-misconduct