South Africa Case Law

Jomane Eiendomme (Pty) Ltd v Magistrate Van Zyl and Another (067/2024)

Jomane Eiendomme (Pty) Ltd v Magistrate Van Zyl and Another (067/2024) [2025] ZASCA 109 (18 July 2025)

Court

Supreme Court of Appeal

Case number

067/2024

Judges

Mbatha, Matojane, Keightley, Coppin, Phatshoane

The Supreme Court of Appeal held that the magistrate acted within her powers under rule 49(1) of the Magistrates' Courts Rules by ordering the plaintiff to file a declaration following rescission of judgment under section 58(1) of the Magistrates' Courts Act. Section 59 of the Act confirms that, in the absence of summons, the request for judgment is the first document in the action, and the subsequent exchange of pleadings is procedurally sound. The magistrate's order was a practical and fair measure to advance the dispute to trial, consistent with the audi alteram partem principle and the ef…

Source excerpt

• Magistrates Courts Act
• Rescission Of Judgment
• Declaration Directive
• Pleadings
• Ultra Vires
• Reviewability

Unitrade 1047 (Pty) t/a Isidingo Security Services v Metsimaholo Local Municipality (245/2024)

Unitrade 1047 (Pty) t/a Isidingo Security Services v Metsimaholo Local Municipality (245/2024) [2025] ZAFSHC 190 (24 June 2025)

Court

Free State High Court, Bloemfontein

Case number

245/2024

Judge

Deane AJ

The High Court dismissed an exception to a counterclaim, holding the issues had already been finally decided and were barred by res judicata.

• Res Judicata
• Exception Application
• Pleadings
• Counterclaim
• Cause Of Action
• Res-judicata

Duduzile v Road Accident Fund (2760/2020)

Duduzile v Road Accident Fund (2760/2020) [2025] ZAMPMHC 32 (13 June 2025)

Court

Middelburg High Court, Mpumalanga

Case number

2760/2020

Judge

Vele

The High Court granted leave to appeal against dismissal of a Road Accident Fund claim, finding arguable prospects that another court may differ on the merits.

• Leave To Appeal
• Negligence
• Road Accident Claims
• Pleadings Consistency
• Leave-to-appeal
• Road-accident-fund

Mulaudzi v Motsepe (40978/19)

Mulaudzi v Motsepe (40978/19) [2025] ZAGPJHC 389 (22 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

40978/19

Judge

S D J Wilson

The High Court dismissed an application to compel discovery in a defamation suit, finding the requested financial and phone records irrelevant to the pleaded issues.

• Discovery
• Defamation
• Pleadings
• Damages Quantification
• Civil-procedure
• Damages

Mavis v United National Transport Union (2022/039818)

Mavis v United National Transport Union (2022/039818) [2025] ZAGPJHC 375 (3 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/039818

Judge

E Raubenheimer

The High Court dismissed an application challenging an exception procedure and proposed amendment, holding that dies non does not apply to Rule 23 notices.

• Exception Procedure
• Amendment Of Particulars Of Claim
• Dies Non
• Trade Union Duties
• Contractual Damages
• Civil-procedure

Simayile-Sigijimi v Road Accident Fund (5465/2021)

Simayile-Sigijimi v Road Accident Fund (5465/2021) [2025] ZAWCHC 147 (31 March 2025)

Court

Western Cape High Court, Cape Town

Case number

5465/2021

Judge

Bhoopchand

The High Court held the Road Accident Fund liable after a pedestrian was struck on or near a pavement, and awarded R500,000 in general damages.

• Road Accident Fund Act
• Negligence
• General Damages
• Pleadings And Amendment
• Apportionment Of Liability
• Road-accident-fund

H.G.W v M.W (nee B[...]) (RCC/MOS:84/23; A207/2024)

H.G.W v M.W (nee B[...]) (RCC/MOS:84/23; A207/2024) [2025] ZAWCHC 140 (26 March 2025)

Court

Western Cape High Court, Cape Town

Case number

RCC/MOS:84/23; A207/2024

Judges

P. S. Van Zyl, J. Lekhuleni

The appeal was upheld because the Mossel Bay Regional Court lacked jurisdiction to adjudicate the divorce action. The respondent failed to plead or prove that she or the appellant was domiciled or ordinarily resident within the court's jurisdiction at the time of institution of the action. The regional court erred by inferring jurisdiction from insufficient pleadings and by considering material not forming part of the pleadings or evidence, such as the Family Advocate's report. Jurisdiction in divorce actions must be established by clear allegations and supporting evidence in the pleadings, a…

Source excerpt

• Divorce Jurisdiction
• Domicile
• Special Plea
• Pleadings
• Divorce Act
• Magistrates Court Jurisdiction

MP Border Trading (Pty) Ltd v Tiger Brands International Ltd (045013/22)

MP Border Trading (Pty) Ltd v Tiger Brands International Ltd (045013/22) [2025] ZAGPJHC 400 (25 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

045013/22

Judge

Manoim

The High Court held Rule 35(14) can be used after plea if justified, ordering production of a specified bank statement but not VAT returns.

• Discovery Before Pleadings
• Rule 35 14 Interpretation
• Bank Statement Disclosure
• Rule-35-14
• Discovery
• Civil-procedure

De Sanders Greef N.O and Another v GPP Properties CC and Another (20506/2023)

De Sanders Greef N.O and Another v GPP Properties CC and Another (20506/2023) [2025] ZAWCHC 81 (20 February 2025)

Court

Western Cape High Court, Cape Town

Case number

20506/2023

Judge

Parker

The High Court dismissed an application for leave to appeal against a judgment upholding an exception, finding no reasonable prospect of success.

• Exception Procedure
• Settlement Agreement
• Deeds Registries Act
• Restitution In Integrum
• Pleadings
• Contract Nullity

Sebothoma v Road Accident Fund (3892/2023)

Sebothoma v Road Accident Fund (3892/2023) [2025] ZALMPPHC 7 (27 January 2025)

Court

Limpopo High Court, Polokwane

Case number

3892/2023

Judge

T C Maphelela

The court held the defendant, under bar and without a plea, could not participate fully. The plaintiff proved liability and was awarded loss of earnings.

• Motor Vehicle Accident
• Loss Of Earnings
• Default Judgment
• Pleadings And Bar
• General Damages
• Road-accident-fund