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South Africa decisions
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Makole Resources (Pty) Ltd v Wessels (26690/2016) [2022] ZAGPPHC 630 (18 August 2022)
The High Court rescinded a default judgment after finding no wilful default and accepting that the applicant showed a bona fide defence to a veld fire damages claim.
Goodison Molefe v Leslie Christo Victor (470/2020) [2021] ZAFSHC 114 (23 April 2021)
The High Court rescinded a default defamation judgment, finding the applicant had a bona fide explanation for default and a prima facie defence based on privilege.
MEC for Health: Mpumalanga Provincial Government v Maduna and Others (JR 565/17) [2020] ZALCJHB 177 (30 July 2020)
Labour Court review of a rescission ruling: the arbitrator failed to consider the explanation for default and a prima facie defence, so the ruling was set aside.
Basithandile Trading (Pty) Limited t/a BTRM Civils and Mining v Khum MK Investments CC (35226/2018) [2020] ZAGPJHC 133 (28 April 2020)
The High Court granted rescission of default summary judgment, accepted condonation for late filing, and found the defendant raised triable defences.
Pule v ERF 1083 Rooihuiskraal (PTY) LTD (45664/07) [2018] ZAGPPHC 636 (3 August 2018)
The High Court granted rescission of a default judgment, finding the applicant acted within time, was not in wilful default, and had a prima facie defence.
Tokologo Local Municipality v Modibedi and Others (JR531/14) [2016] ZALCJHB 197 (25 May 2016)
The court found that the Applicant failed to provide a satisfactory explanation for its absence at the arbitration hearing, offering no details about the fax number used or why the notice did not reach the relevant authorities. The Applicant also failed to demonstrate a prima facie defence, as it did not respond to Modibedi's evidence of his PMAO appointment or dispute the contract presented. The Applicant's attempt to introduce new evidence on review was rejected, as it was not before the Second Respondent. The court agreed with the Second Respondent that the Applicant did not meet the requi…
Source excerpt
De Bruyn v St Clair Cooper NO and Others (1651/2013) [2013] ZAFSHC 148 (5 September 2013)
The Free State High Court rescinded a default judgment after finding the applicant had not received summons and had shown a prima facie defence.
Leungo Construction Enterprise CC v Ga- Segonyane Municipality (862/2010) [2011] ZANCHC 2 (25 February 2011)
The High Court dismissed a municipality’s late rescission application, finding its explanation for default inadequate and its proposed defence not bona fide.
Topigs SA (EDMS) BPK v Bapsfontein Boerdery BK (56990/07) [2009] ZAGPPHC 318 (16 February 2009)
The High Court granted rescission of a default judgment under rule 31(2)(b), finding a reasonable explanation for default and a prima facie defence.
Metcash Trading Africa t/a Metro Cash 'n Carry v Commission For Conciliation, Mediation and Arbitration and Others (JR102/05) [2008] ZALC 56 (25 April 2008)
Labour Court review of a CCMA rescission ruling. The court held the commissioner unreasonably failed to consider the applicant’s prima facie defence and set the ruling aside.
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