South Africa Case Law

Mabundla v Bollore Logistics (J1038/23)

Mabundla v Bollore Logistics (J1038/23) [2025] ZALCJHB 318 (10 July 2025)

Court

Labour Court Johannesburg

Case number

J1038/23

Judge

M Makhura

The Labour Court found that the jurisdictional requirements for making the settlement agreement an order of court under section 158(1)(c) and 158(1A) of the LRA were satisfied. However, the respondent had already complied with the terms of the agreement by paying the applicant the full amount of R150,000.00, as evidenced by proof of payment and the applicant's own concession. As a result, granting the application would have no practical effect, as the agreement had been fully performed. The applicant's claim for additional money was irrelevant to the present application and should be pursued…

Source excerpt

• Settlement Agreement
• Section 158 1 C Lra
• Jurisdictional Preconditions
• Enforcement Of Settlement
• Practical Effect
• Proof Of Payment

N.C.L (2024/037055), Ex parte

N.C.L (2024/037055), Ex parte [2024] ZAGPJHC 1144 (6 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024-037055

Judge

M Abro

The High Court refused leave to appeal in an ex parte guardianship matter because the child would soon turn 18, making the relief sought of no practical effect.

• Guardianship
• Parental Responsibilities And Rights
• Leave To Appeal
• Best Interests Of Child
• Practical Effect
• Condonation

South African Forestry Company SOC Ltd v Collins Sebola Financial Services (Pty) Ltd and Others (1293/2021)

South African Forestry Company SOC Ltd v Collins Sebola Financial Services (Pty) Ltd and Others (1293/2021) [2023] ZASCA 18 (24 February 2023)

Court

Supreme Court of Appeal

Case number

1293/2021

Judges

Ponnan, Gorven, Mothle, Weiner, Goosen

The Supreme Court of Appeal dismissed an appeal over a tender review because the contracts would expire before any practical relief could follow.

• Tender Review
• Practical Effect
• Superior Courts Act
• Costs Order
• Tender-review
• Practical-effect

Campbell N.O and Another v Fourie and Others (879/2019)

Campbell N.O and Another v Fourie and Others (879/2019) [2021] ZAFSHC 283 (25 November 2021)

Court

Free State High Court, Bloemfontein

Case number

879/2019

Judge

P. J. Loubser

The High Court refused leave to appeal against dismissal of a special plea on locus standi, holding the proposed appeal would have no practical effect on the main action.

• Locus Standi
• Leave To Appeal
• Special Plea
• Practical Effect
• Costs Order
• Leave-to-appeal

Matsepes NO and Another v Master of the High Court, Bloemfontein and Others (A220/2017)

Matsepes NO and Another v Master of the High Court, Bloemfontein and Others (A220/2017) [2019] ZAFSHC 127 (29 July 2019)

Court

Free State High Court, Bloemfontein

Case number

A220/2017

Judges

DAFFUE, LOUBSER, POHL

The court struck a reinstatement application from the roll and ordered each party to bear its own costs after finding the appeal moot and without practical effect.

• Reinstatement Of Appeal
• Locus Standi
• Costs Order
• Practical Effect
• Urgent Interdict
• Reinstatement-of-appeal

Blackboard Media (Pty) Ltd and Others v Municipality of the City of Cape Town (23056/09)

Blackboard Media (Pty) Ltd and Others v Municipality of the City of Cape Town (23056/09) [2010] ZAWCHC 190; ; [2010] 4 All SA 197 (WCC) (13 August 2010)

Court

Western Cape High Court, Cape Town

Case number

23056/09

Judge

Fourie

Leave to appeal was refused because the proposed appeal would have no practical effect after the 2010 FIFA World Cup, and no exceptional costs issue justified it.

• Leave To Appeal
• Practical Effect
• Costs Award
• Leave-to-appeal
• Practical-effect
• Costs

Wildschitt v S (A381/2009)

Wildschitt v S (A381/2009) [2009] ZAWCHC 206 (3 December 2009)

Court

Western Cape High Court, Cape Town

Case number

A381/2009

Judges

Thring, Baartman

Leave to appeal was refused because the criminal proceedings had ended, making the proposed appeal academic and of no practical effect.

• Leave To Appeal
• Bail Application
• Academic Interest
• Precedent
• Practical Effect
• Leave-to-appeal

Minister of Trade and Industry and Klein NO and Another (695/2008)

Minister of Trade and Industry and Klein NO and Another (695/2008) [2009] ZASCA 77; [2009] 4 All SA 328 (SCA) (1 June 2009)

Court

Supreme Court of Appeal

Case number

695/2008

Judges

Farlam, Cloete, Ponnan, Leach, Bosielo

The Supreme Court of Appeal refused condonation for a late appeal, finding no acceptable explanation for the delay and that the dispute was moot.

• Condonation
• Reinstatement Of Lapsed Appeal
• Practical Effect
• Costs Order
• Lapsed-appeal
• Mootness

Ninham Shand (Pty) Limted v Municipal Manager City of Matlosana and Others (25911/2007)

Ninham Shand (Pty) Limted v Municipal Manager City of Matlosana and Others (25911/2007) [2008] ZAGPHC 113 (25 April 2008)

Court

High Courts - Gauteng

Case number

25911/2007

Judge

W L Seriti

A tender review failed because by the time judgment was delivered, the project was already completed or near completion, making the requested relief moot.

• Tender Review
• Preferential Procurement Policy
• Setting Aside Administrative Action
• Practical Effect
• Costs Order
• Tender-review