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South Africa decisions
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Madlala v Road Accident Fund (2025/80181) [2025] ZAGPPHC 646 (17 June 2025)
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.
South African Council for Architectural Profession v O'Reilly and Another (28641/2019) [2025] ZAGPJHC 559 (2 June 2025)
The High Court postponed an enrichment trial sine die after finding the defendants were not ready to proceed because key documents had not been uploaded to Caselines.
Pule v Health Professions Council of South Africa (Reasons) (JS465/19) [2025] ZALCJHB 280 (12 February 2025)
The respondent's application for postponement was bona fide and made as soon as it became aware of its witness's unavailability. The respondent communicated promptly with the applicant and sought agreement, which was refused without substantive explanation. The absence of the respondent's only material witness would interfere with the completion of the trial and result in unfairness. Rule 33 of the Labour Court Rules prohibits commencement of trial under such circumstances. The prejudice to the respondent if postponement were refused would be greater than any prejudice to the applicant, espec…
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Dlamini v Fidelity Security and Another (14690/2018) [2025] ZAGPJHC 263 (4 February 2025)
The High Court postponed a civil trial sine die after the plaintiff’s attorneys withdrew shortly before hearing, and ordered each party to pay its own wasted costs.
Rolf v Cupido and Another (714/2024; SH 61/2021) [2025] ZAMPMHC 18 (27 January 2025)
The court found that while the magistrate's refusal to postpone the trial for the applicant to obtain the transcribed record and prepare expert evidence was irregular, it did not amount to bias or justify recusal. The applicant failed to establish reasonable grounds for apprehension of bias, either from the magistrate's conduct in court or his private legal practice. The administrative pressures and the magistrate's statements regarding finalising part-heard matters were not sufficient to demonstrate actual or perceived bias. The court granted condonation for the late filing of the supplement…
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Steenkamp v Louw (A2024/070314) [2025] ZAGPJHC 43 (27 January 2025)
Appeal against dismissal of a magistrate’s recusal application in a defamation trial; the High Court found no reasonable apprehension of bias and dismissed the appeal.
L.M.T v A.W.T (Reasons) (17399/2020) [2024] ZAGPJHC 1297 (18 December 2024)
The High Court postponed a divorce trial sine die, citing the applicant’s grief after her mother’s death, and ordered a further Rule 43 legal-cost contribution.
University of the Free State v Doovey and Another (5668/2018) [2024] ZAFSHC 340 (22 October 2024)
The High Court removed the trial from the roll after the plaintiff filed an expert notice and report outside Rule 36(9) time limits. The plaintiff was ordered to pay wasted costs.
De Filippo v Micillo (23724/2016 ; 11709/2017) [2024] ZAWCHC 290 (16 September 2024)
The High Court held the respondent in contempt for ignoring directives to obtain legal representation, declared her a vexatious litigant, and awarded wasted and punitive costs.
Fourie and Another v Matjhabeng Local Municipality (5316/2019) [2024] ZAFSHC 206 (28 June 2024)
The court found that the plaintiffs were unable to proceed with the trial due to the late discovery of a crucial incident report and the late proposed amendment of the defendant's plea. The defendant failed to comply with the Rules of Court regarding discovery and did not provide a satisfactory explanation for the delay. The plaintiffs' application for postponement was not a delaying tactic but was necessitated by circumstances beyond their control. The court held that justice required the plaintiffs and their expert to be afforded an opportunity to properly prepare for trial. The defendant's…
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