South Africa Case Law

Manqele and Another v SB Guarentee Company (RF) (Pty) Ltd and Another (2023/050021)

Manqele and Another v SB Guarentee Company (RF) (Pty) Ltd and Another (2023/050021) [2025] ZAGPJHC 381 (24 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/050021

Judge

A Mitchell

The court found that the sheriff's return of service, while prima facie evidence, was not conclusive in this case. Mr Manqele provided credible and corroborated evidence that he was not present at the property on the alleged service date, thus discharging the onus on a balance of probabilities. The sheriff's affidavit lacked sufficient verification of identity, and the supporting evidence did not establish personal service. As a result, the default judgment and writ of execution were erroneously granted and must be rescinded. Furthermore, since the money judgment against Ms Magakoa was inextr…

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• Rescission Of Judgment
• Personal Service
• Primary Residence Execution
• Uniform Rule 46a
• Default Judgment
• Writ Of Execution

Mayfield Clays (Pty) Ltd v Makana Local Municipality and Others (Leave to Appeal) (2219/2024)

Mayfield Clays (Pty) Ltd v Makana Local Municipality and Others (Leave to Appeal) (2219/2024) [2024] ZAECMKHC 143 (5 December 2024)

Court

Eastern Cape High Court, Makhanda

Case number

2219/2024

Judge

Laing

The court found that the failure to join the second and third respondents in their personal capacities was fatal to the contempt proceedings, as required by the Constitutional Court in Matjhabeng. The relief sought involved potential deprivation of personal liberty, necessitating joinder and personal service. The respondents were cited only in their official capacities, and the notice of opposition did not cure this defect. The court was bound by the principles in Matjhabeng and held that there was a reasonable prospect of success on appeal on the ground of non-joinder alone. The remaining gr…

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• Contempt Of Court
• Joinder Of Parties
• Personal Service
• Superior Courts Act
• Constitutional Right To Freedom

SB Guarantee Company (RF) (Pty) Ltd v Hlongwane (17048/2021)

SB Guarantee Company (RF) (Pty) Ltd v Hlongwane (17048/2021) [2024] ZAGPPHC 1275; 2025 (3) SA 640 (GP) (4 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

17048/2021

Judges

Swanepoel, Neukircher, Retief

The Full Court held that reconsideration applications under Uniform Rule 46A(9) must be heard in open court, not chambers, unless special circumstances exist. The process is initiated by the Sheriff filing a report within five days of a failed auction, which must be served on both the execution creditor and judgment debtor. The execution creditor must then file a supplementary affidavit with detailed information, and personal service on the judgment debtor is required. The court retains wide powers to revisit the entire order, including the declaration of executability, and may sanction priva…

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• Uniform Rule 46a
• Reserve Price Reconsideration
• Judicial Oversight
• Special Executability
• Personal Service
• Constitutional Right To Housing

UCIMESHAWU obo Nhlengethwa v Parsons Transport Operations (Pty) Ltd and Another (J404/20)

UCIMESHAWU obo Nhlengethwa v Parsons Transport Operations (Pty) Ltd and Another (J404/20) [2024] ZALCJHB 419; (2025) 46 ILJ 662 (LC) (8 November 2024)

Court

Labour Court Johannesburg

Case number

J404/20

Judge

Myburgh, AJ

The Labour Court held that contempt proceedings generally require personal service, but granted leave to seek substituted service after repeated evasion by the director.

• Contempt Of Court
• Personal Service
• Substituted Service
• Settlement Agreement Enforcement
• Labour Court Rules
• Contempt-of-court

L.R v T.S (2023/123933)

L.R v T.S (2023/123933) [2024] ZAGPJHC 336 (5 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/123933

Judge

Wadee

The court removed a divorce matter from the unopposed roll after finding the summons had not been personally served on the defendant.

• Divorce Proceedings
• Personal Service
• Substituted Service
• Practice Directive Compliance
• Costs Order
• Divorce-proceedings

Changing Tides 17 (Proprietary) Limited N.O v Tyler and Another (2757/2020)

Changing Tides 17 (Proprietary) Limited N.O v Tyler and Another (2757/2020) [2024] ZAECQBHC 6 (30 January 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

2757/2020

Judge

Zono

The High Court dismissed a default judgment application because the Rule 46A procedure for execution against immovable property was not properly served.

• Default Judgment
• Execution Against Immovable Property
• Personal Service
• Rule 46a Compliance
• Constitutional Right To Housing
• Default-judgment

Standard Bank of South Africa Limited v Molusi and Another (32613/2020)

Standard Bank of South Africa Limited v Molusi and Another (32613/2020) [2021] ZAGPPHC 713 (4 August 2021)

Court

North Gauteng High Court, Pretoria

Case number

32613/2020

Judge

L.B. Vuma

The court found that service of the summons and section 129 notice at the domicilium address was valid, as the respondents had not provided written notice of any change in address as required by the home loan agreement and the National Credit Act. The alleged settlement agreement was not binding, as the respondents failed to comply with its suspensive conditions by not submitting the required documents. The constitutional safeguard argument was rejected, as the applicant complied with both statutory and contractual requirements, and no evidence was presented to show that the applicant knew of…

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• Summary Judgment
• Special Executability
• Domicilium Address
• Personal Service
• National Credit Act
• Constitutional Safeguards

Ross v Novikova (16015/20)

Ross v Novikova (16015/20) [2020] ZAWCHC 178 (11 December 2020)

Court

Western Cape High Court, Cape Town

Case number

16015/20

Judge

Papier

In a default judgment medical-negligence claim, the High Court ordered personal service of the papers on the defendant and postponed the matter for compliance.

• Default Judgment
• Personal Service
• Medical Negligence
• Court Inherent Powers
• Default-judgment
• Personal-service

Standard Bank of South Africa Limited v Matse; In Re: Standard Bank of South Africa Limited v Matse (19/41390)

Standard Bank of South Africa Limited v Matse; In Re: Standard Bank of South Africa Limited v Matse (19/41390) [2020] ZAGPJHC 221 (11 September 2020)

Court

South Gauteng High Court, Johannesburg

Case number

19/41390

Judge

Snyckers

The court held that where the consumer's designated domicilium address is non-existent, the prescribed methods of delivery under section 129(5) of the National Credit Act cannot be complied with. In such circumstances, section 129(5) may be deemed inapplicable, and the court may authorize alternative methods of service as contemplated by section 65(2), such as email or service at another property. The court granted leave for the section 129(1)(a) notice to be served both at the Ivory Park property on a person apparently in charge over 16 years of age and by email to the last known address, af…

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• National Credit Act
• Substituted Service
• Domicilium Citandi Et Executandi
• Registered Mail
• Personal Service

Dr Crouse Gorman & Associates v Minister of Labour and Others (57564/2015)

Dr Crouse Gorman & Associates v Minister of Labour and Others (57564/2015) [2020] ZAGPPHC 124 (9 March 2020)

Court

North Gauteng High Court, Pretoria

Case number

57564/2015

Judge

Van Olst

The High Court postponed a contempt application sine die pending joinder of the Director General in his or her personal capacity and ordered personal service of the prior order.

• Contempt Of Court
• Personal Service
• Joinder Of Parties
• Compliance With Court Orders
• Contempt-of-court
• Personal-service