South Africa Case Law

Board of Healthcare Funders NPC v Council for Medical Schemes and Others (Leave to Appeal) (012058/2022)

Board of Healthcare Funders NPC v Council for Medical Schemes and Others (Leave to Appeal) (012058/2022) [2025] ZAGPPHC 609 (24 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

012058/2022

Judge

Ledwaba

The court found that the applicant failed to demonstrate reasonable prospects of success on appeal, as required by section 17(1) of the Superior Courts Act. The applicant did not establish a sound, rational basis for the appeal, nor did it raise compelling reasons such as important constitutional questions or public interest issues that would justify granting leave. The court held that the matter was moot in light of the report received by the third respondent and the applicant's failure to appeal the time-bar finding. The Plascon-Evans principle applied, favouring the respondents' version in…

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• Leave To Appeal
• Locus Standi
• Right Of Access To Healthcare
• Costs Award
• Points In Limine

Communicare NPC v Matunzi and Others (Appeal) (A285/2024)

Communicare NPC v Matunzi and Others (Appeal) (A285/2024) [2025] ZAWCHC 264 (23 June 2025)

Court

Western Cape High Court, Cape Town

Case number

A285/2024

Judges

Francis, Pangarker

The appeal succeeded because the magistrate erred in finding that the property was social housing stock subject to the Social Housing Act and SHRA oversight. The evidence established that the property was privately owned and unsubsidised, and thus outside the regulatory ambit of the SHRA. The magistrate's reliance on the title deed as proof of public funding was misplaced, and neither the respondents nor the SHRA witnesses provided evidence that the property was institutionally subsidised. The magistrate further erred by extending the SHRA's mandate to private stock and by upholding points in…

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• Eviction Under Pie Act
• Social Housing Act Interpretation
• Points In Limine
• Regulatory Jurisdiction
• Due Process In Eviction

Firstrand Bank Limited t/a Wesbank v Sayelo (Pty) Ltd t/a Giani Dry Cleaners and Laundry (2023-039069)

Firstrand Bank Limited t/a Wesbank v Sayelo (Pty) Ltd t/a Giani Dry Cleaners and Laundry (2023-039069) [2024] ZAGPPHC 1282 (29 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023-039069

Judge

MPN Mbongwe

The High Court granted summary judgment to Firstrand Bank on two credit agreements, rejecting the defendant’s NCA, liquid document, and deponent objections.

• Summary Judgment
• Credit Agreements
• National Credit Act
• Liquidated Claim
• Condonation
• Points In Limine

Transnet SOC Limited v Olivier Survey Group (Pty) Ltd (A2023/076388)

Transnet SOC Limited v Olivier Survey Group (Pty) Ltd (A2023/076388) [2024] ZAGPJHC 1068 (22 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A2023/076388

Judges

B Mostert, S Potterill

The High Court set aside a magistrate’s dismissal of a rescission application and sent the matter back for a decision on the merits.

• Rescission Of Judgment
• Condonation
• Magistrates Court Rules
• Default Judgment
• Points In Limine
• Rescission-of-judgment

Small Enterprise Finance Agency Soc Limited v Fumiel Transport and Projects (Pty) Ltd and Another (M281/2024)

Small Enterprise Finance Agency Soc Limited v Fumiel Transport and Projects (Pty) Ltd and Another (M281/2024) [2024] ZANWHC 228 (6 September 2024)

Court

North West High Court, Mafikeng

Case number

M281/2024

Judge

FMM Reid

The High Court referred a vehicle-finance dispute to trial after finding factual issues on prescription, authority, and procedural compliance could not be resolved on affidavit.

• Instalment Sale Agreement
• Suretyship
• Prescription
• Points In Limine
• Rule 6 5 G
• Rule 41a

Olivier v MEC North West Provincial Government Department of Education and Sport Development and Others (J581/2022)

Olivier v MEC North West Provincial Government Department of Education and Sport Development and Others (J581/2022) [2024] ZALCJHB 185 (24 March 2024)

Court

Labour Court Johannesburg

Case number

J581/2022

Judge

Whittington

The Labour Court has jurisdiction to hear the applicant's claim for breach of contract under section 77(3) of the BCEA. The requirement to refer unfair dismissal disputes to a bargaining council under section 191 of the LRA does not preclude the applicant from approaching the Labour Court for contractual claims. The grievance procedure under the Employment of Educators Act is not mandatory and does not bar access to the Labour Court. The applicant's pleadings are based on breach of contract, not direct reliance on the BCEA, and therefore the jurisdictional challenges raised by the respondents…

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• Jurisdiction Of Labour Court
• Section 77 3 Bcea
• Points In Limine
• Employment Contract Termination

Mmakoena v Matome and Others (CIV APP MG 07/23)

Mmakoena v Matome and Others (CIV APP MG 07/23) [2024] ZANWHC 90 (22 January 2024)

Court

North West High Court, Mafikeng

Case number

CIV APP MG 07/23

Judges

Mfenyana, Morgan

High Court appeal in an eviction matter. The court held the magistrate should have dismissed the application, upheld the appeal, and set aside the roll removal orders.

• Eviction Application
• Locus Standi
• Letter Of Authority
• Functus Officio
• Points In Limine
• Eviction

First Group Investment Holdings (Pty) Ltd v National Credit Regulator and Another (A32/2023)

First Group Investment Holdings (Pty) Ltd v National Credit Regulator and Another (A32/2023) [2023] ZAGPPHC 1178 (19 September 2023)

Court

North Gauteng High Court, Pretoria

Case number

A32/2023

Judges

Millar, G Ally

The Tribunal erred in dismissing the appellant's points in limine. The deponent to the founding affidavit was not properly authorised, and no documentary proof of authority was provided. The referral was based on inadmissible hearsay evidence, as the investigation report was not confirmed by affidavit and no oral evidence was to be led. The Tribunal failed to require an application for condonation before dismissing the first point in limine, which was procedurally incorrect. The Tribunal's approach to the admissibility of evidence offended the principles of natural justice, as the appellant w…

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• National Credit Act
• Motion Proceedings
• Authority Of Deponent
• Admissibility Of Evidence
• Natural Justice
• Points In Limine

Mohale v Office of the Chiefmaster and Another (21462/2020)

Mohale v Office of the Chiefmaster and Another (21462/2020) [2023] ZAGPPHC 1151 (15 September 2023)

Court

North Gauteng High Court, Pretoria

Case number

21462/2020

Judge

E.M Kubushi

The High Court held it had no basis to hear the applicant’s points in limine after the matter had been removed to the Limpopo Division, and dismissed the application.

• Removal Of Matter
• Joinder Of Parties
• Leave To Appeal
• Points In Limine
• Civil-procedure
• Joinder-of-parties

K2017427913 South Africa (Pty) Ltd v Du Plessis (CIV APP FB 24/2022;UM223/2021)

K2017427913 South Africa (Pty) Ltd v Du Plessis (CIV APP FB 24/2022;UM223/2021) [2023] ZANWHC 115 (3 August 2023)

Court

North West High Court, Mafikeng

Case number

CIV APP FB 24/2022;UM223/2021

Judges

DJAJE, MFENYANA, REDDY

The High Court upheld an appeal against a spoliation order, finding the respondent had lost possession and failed to prove unlawful deprivation by the appellant.

• Mandament Van Spolie
• Spoliation Requirements
• Urgent Application
• Points In Limine
• Mandament-van-spolie
• Spoliation