South Africa Case Law

S v Mudolo and Others (CC07/2023)

S v Mudolo and Others (CC07/2023) [2025] ZAGPPHC 13 (17 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

CC07/2023

Judge

M J Mosopa

The court found that the delay in commencing the trial, spanning approximately four years since the arrest of accused 1 and 2, was unreasonable and primarily attributable to the conduct of accused 1, 2, and 3. Repeated challenges to representation, interlocutory applications, and attempts to alter the representation of accused 3 were found to be without merit and served only to delay proceedings. The State had complied with procedural requirements and suffered financial prejudice due to the reservation of expert witnesses and travel arrangements. The court held that the pronouncements regardi…

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• Unreasonable Delay
• Section 342a Application
• Fair Trial Rights
• Representation Of Juristic Person
• Pre Trial Procedure

Nsele v Road Accident Fund and Another (2023/023750)

Nsele v Road Accident Fund and Another (2023/023750) [2024] ZAGPJHC 793 (12 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/023750

Judge

S Van Aswegen

The court finds that mediation under Rule 41A is a voluntary process and cannot be compelled by judicial order. The applicant had the opportunity to enforce compliance with Rule 41A(2)(b) up to the delivery of the plea, but failed to do so and proceeded with litigation, including pre-trial conferences and notices of set down. The applicant's conduct amounts to a waiver of the right to enforce compliance. Furthermore, the applicant did not comply with Rule 41A(2)(a) in the interlocutory application, which constitutes an irregular step. The court holds that, absent mutual consent, mediation can…

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• Rule 41a Mediation
• Uniform Rules Of Court
• Waiver Of Rights
• Pre Trial Procedure
• Costs Orders

National Union of Metalworkers of South Africa and Others v Triple M Mining (Pty) Ltd (J1592/21)

National Union of Metalworkers of South Africa and Others v Triple M Mining (Pty) Ltd (J1592/21) [2023] ZALCJHB 239 (11 August 2023)

Court

Labour Court Johannesburg

Case number

J1592/21

Judge

Nkutha-Nkontwana

The Labour Court has a wide discretion to allow amendments to pleadings to ensure justice between the parties and proper ventilation of the real dispute. The applicants' reliance on Rule 22(3) of the Uniform Rules is misplaced, as the Labour Court Rules govern the proceedings and do not require automatic application of the Uniform Rules. The respondent's intention was not to admit the averments but to note them, and any ambiguity should be resolved by amendment. The applicants failed to demonstrate any prejudice that could not be compensated by costs or postponement, especially as the pre-tri…

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• Amendment Of Pleadings
• Labour Court Rules
• Admissions And Denials
• Pre Trial Procedure

February v Digital Outsource Services and Others (C388/2019)

February v Digital Outsource Services and Others (C388/2019) [2023] ZALCCT 29 (21 June 2023)

Court

Labour Court Cape Town

Case number

C388/2019

Judge

C de Kock

The Labour Court dismissed an application to rescind an order dismissing an application to compel, finding no good cause shown.

• Rescission Of Judgment
• Application To Compel
• Good Cause Requirement
• Pre Trial Procedure
• Rescission-of-judgment
• Good-cause

Matsepe NO and Another v Boerdery (22758/2016)

Matsepe NO and Another v Boerdery (22758/2016) [2020] ZAWCHC 130 (13 October 2020)

Court

Western Cape High Court, Cape Town

Case number

22758/2016

Judge

Norton

The court struck out the respondent’s defence for persistent non-compliance with pre-trial directions and a prior order, and awarded punitive costs.

• Striking Out Defence
• Rule 30a Application
• Pre Trial Procedure
• Costs Punitive Scale
• Civil-procedure
• Rule-30a

E M v Member of the Executive Council for Health and Development (Gauteng) (4026/2014)

E M v Member of the Executive Council for Health and Development (Gauteng) (4026/2014) [2020] ZAGPJHC 155 (4 March 2020)

Court

South Gauteng High Court, Johannesburg

Case number

4026/2014

Judge

Senyatsi ML

The court dismissed an interlocutory application to compel identification of disputed issues, finding the disputes were already clear from the pre-trial minutes.

• Practice Directive 2
• Pre Trial Procedure
• Identification Of Disputes
• Medical Negligence
• Interlocutory-application
• Pre-trial-procedure

National Union of Mineworkers obo Morobe and Others v Protea Coin Group (JS 317/14)

National Union of Mineworkers obo Morobe and Others v Protea Coin Group (JS 317/14) [2019] ZALCJHB 35 (26 February 2019)

Court

Labour Court Johannesburg

Case number

JS 317/14

Judge

Z Lallie

The Labour Court held that the respondent could not rely on archiving provisions to force retrieval of the file, and dismissed that application while directing a pre-trial minute.

• Practice Manual Archiving
• Pre Trial Procedure
• Peremption
• Retrieval Of Archived Files
• Labour-law
• Practice-manual

Fransch obo Fransch v Premier, Gauteng Province and Another (2016/18040)

Fransch obo Fransch v Premier, Gauteng Province and Another (2016/18040) [2018] ZAGPJHC 430; 2019 (1) SA 247 (GJ) (8 June 2018)

Court

South Gauteng High Court, Johannesburg

Case number

2016/18040

Judge

L Adams

High Court decision on discovery and pre-trial procedure: one discovery affidavit was disregarded as improperly commissioned, but a bid to strike out the defence failed.

• Discovery Affidavit
• Commissioner Of Oaths Regulation
• Rule 35 Application
• Rule 30a Application
• Pre Trial Procedure
• Costs Order

Ilze Eichstadt Attorneys v Debt Rescue CC (36774/13)

Ilze Eichstadt Attorneys v Debt Rescue CC (36774/13) [2015] ZAGPPHC 262 (8 May 2015)

Court

North Gauteng High Court, Pretoria

Case number

36774/13

Judge

S Potterill

The High Court granted a postponement and struck out scandalous matter in an affidavit, with punitive costs orders against the plaintiff and its deponent.

• Postponement Of Trial
• Striking Out Scandalous Matter
• Costs De Bonis Propriis
• Discovery And Trial Bundle
• Pre Trial Procedure
• Civil-procedure

Bifawu and Another v Computershare Investor Services Ltd (J1345/04)

Bifawu and Another v Computershare Investor Services Ltd (J1345/04) [2015] ZALCJHB 70 (5 March 2015)

Court

Labour Court Johannesburg

Case number

J1345/04

Judge

Molahlehi

The Labour Court refused to dismiss an unfair dismissal claim for delay, finding both parties contributed to the stalled pre-trial process and justice did not require dismissal.

• Unreasonable Delay
• Dismissal Of Claim
• Pre Trial Procedure
• Judicial Discretion
• Unreasonable-delay
• Dismissal-of-claim