South Africa Case Law

Makua v Firstrand Bank Limited (First National Bank of Southern Africa Limited) (Reasons on Leave to Appeal) (18093/21)

Makua v Firstrand Bank Limited (First National Bank of Southern Africa Limited) (Reasons on Leave to Appeal) (18093/21) [2025] ZAGPPHC 785 (6 August 2025)

Court

North Gauteng High Court, Pretoria

Case number

18093/21

Judge

Phooko

The High Court dismissed an application for leave to appeal, finding no reasonable prospects of success and no compelling reason to hear the appeal.

• Leave To Appeal Threshold
• Postponement
• Costs Order
• Ombudsman Referral
• National Credit Act
• Constitutional Rights

Nxelane and Others v Chep SA (Pty) Ltd and Others (P35/2023)

Nxelane and Others v Chep SA (Pty) Ltd and Others (P35/2023) [2025] ZALCPE 12 (23 July 2025)

Court

Labour Court Port Elizabeth

Case number

P35/2023

Judge

C de Kock

The court found that the applicants' condonation application was inadequately prepared and failed to address the prospects of success regarding their dismissals for participation in an unprotected strike. The applicants' attorneys failed to review the pleadings upon inheriting the matter and only sought advice from senior counsel at the last minute. Despite the unsatisfactory conduct, the court held that refusing the postponement would severely prejudice the applicants and deny them a fair opportunity to supplement their case. The interests of justice required that the applicants be allowed t…

Source excerpt

• Condonation
• Postponement
• Unprotected Strike
• Attorney And Client Costs

Madlala v Road Accident Fund (2025/80181)

Madlala v Road Accident Fund (2025/80181) [2025] ZAGPPHC 646 (17 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025/80181

Judge

E van der Schyff

The court postponed a Road Accident Fund damages matter sine die to hear expert witnesses on loss of income, and ordered the defendant to pay the day's costs.

• Expert Evidence On Affidavit
• Postponement Of Trial
• Costs Order
• Loss Of Income Claim
• Civil-procedure
• Expert-evidence

Juscar Metale (Pty) Ltd v National Commissioner of Police and Another (2022/060800)

Juscar Metale (Pty) Ltd v National Commissioner of Police and Another (2022/060800) [2025] ZAGPJHC 596 (11 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/060800

Judge

Stylianou

The High Court postponed a spoliation matter sine die to allow joinder of the Minister of Police, ordering the applicant to pay the respondents’ wasted costs on scale C.

• Joinder Of Parties
• State Liability Act
• Spoliation
• Postponement
• Costs Orders
• Joinder-of-parties

Tibshraeny v Tibshraeny (5299/2024)

Tibshraeny v Tibshraeny (5299/2024) [2025] ZAWCHC 248 (2 June 2025)

Court

Western Cape High Court, Cape Town

Case number

5299/2024

Judge

Da Silva Salie

The Court held that the respondent's incapacity, as declared under Rule 57, extends to all faculties requiring sound judgment, including the ability to instruct legal representatives. The appointment of a curator ad litem is functional and not ceremonial; the curator is authorised to act in the respondent's best interests and to obtain further medical reports if necessary. Any application or notice filed without the curator's involvement lacks legal standing. The application for postponement was found to be an attempt to relitigate an issue already determined, with no new medical evidence pre…

Source excerpt

• Curatorship
• Mental Capacity
• Rule 57 Application
• Postponement
• Costs Order

Padayichie N.O and Another v Changing Tides 17 (Proprietary) Limited (52868/2021)

Padayichie N.O and Another v Changing Tides 17 (Proprietary) Limited (52868/2021) [2025] ZAGPPHC 504 (15 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

52868/2021

Judge

H F Jacobs

The High Court dismissed an application to rescind a default judgment, finding no adequate explanation for the default and no bona fide defence. Costs were awarded on an attorney-and-client scale.

• Rescission Of Judgment
• Default Judgment
• Postponement
• Costs Award
• Rescission-of-judgment
• Default-judgment

Pretorius and Others v Khutso Naketsi Communal Property Association and Another (2024-147172)

Pretorius and Others v Khutso Naketsi Communal Property Association and Another (2024-147172) [2025] ZAGPPHC 451 (8 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024-147172

Judge

HF Oosthuizen

The High Court granted a postponement in winding-up proceedings and ordered the intervening applicants, except the employees, to pay the postponed hearing costs.

• Winding Up Of Company
• Intervention Application
• Costs Order
• Just And Equitable Ground
• Minority Shareholder Rights
• Winding-up

Silinda v ABSA Home Loan Guarantee Co (RF) (Pty) Ltd and Another (5235/2021)

Silinda v ABSA Home Loan Guarantee Co (RF) (Pty) Ltd and Another (5235/2021) [2025] ZAMPMBHC 28 (15 April 2025)

Court

Mbombela High Court, Mpumalanga

Case number

5235/2021

Judge

Ryneveldt

Leave to appeal was dismissed after the applicant failed to comply with court directives and gave no satisfactory basis for a postponement or appeal.

• Leave To Appeal
• Postponement
• Default Judgment
• Lis Pendens
• Costs Order
• Leave-to-appeal

Matlanato v Moshidi and Others (7595/2017)

Matlanato v Moshidi and Others (7595/2017) [2025] ZALMPPHC 73 (3 April 2025)

Court

Limpopo High Court, Polokwane

Case number

7595/2017

Judge

S Du Plessis

The High Court postponed the matter sine die and ordered the 1st and 2nd defendants to pay the wasted costs, including the plaintiff’s expert witness.

• Postponement
• Costs Order
• Wasted-costs
• Expert-witness-costs
• Civil-procedure

Aveng Afrika (Pty) Limited v Mathupha Capital (Pty) Limited (1649/2022)

Aveng Afrika (Pty) Limited v Mathupha Capital (Pty) Limited (1649/2022) [2025] ZAGPJHC 284 (14 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

1649/2022

Judge

S. Van Nieuwenhuizen

The High Court made an arbitration award, as supplemented, an order of court, refused postponement and condonation, and ordered attorney-and-client costs.

• Arbitration Award Enforcement
• Attorney And Client Costs
• Counterclaim Stay
• Variation Of Award
• Condonation For Late Filing
• Arbitration-award-enforcement