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South Africa decisions
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S v Msila and Others (Interim Ruling) (CC04/2024) [2025] ZAWCHC 244 (4 June 2025)
The court refused an accused’s section 174 discharge application at the close of the State case, finding the evidence sufficient to require the defence.
Lona Citrus (Pty) Ltd v Vutsela Iglobju Investments (Pty) Ltd (2045/24) [2025] ZAMPMBHC 36 (13 May 2025)
The court found that the Marketing Agreement was terminated by the Deed of Cession, rendering the respondent's point in limine regarding notice of breach irrelevant. The Deed of Cession, signed by both parties, irrevocably ceded the respondent's rights to proceeds from Karino and any future exporter to the applicant, with the respondent remaining liable for any outstanding balance if the debt could not be recovered from those parties. The certificate of account issued by the applicant's director constituted prima facie proof of the respondent's indebtedness, and the respondent failed to provi…
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Zuma v City of Tshwane Metro Municipality and Another (018876/2024) [2025] ZAGPPHC 430 (6 May 2025)
The High Court confirmed a rule nisi, finding no prima facie proof of tampering and holding the municipality’s electricity disconnection unlawful.
Williams v Legal Practice Council, Gauteng and Anothers (2023/084448; 2023/097051; 2023/097091) [2025] ZAGPJHC 449 (30 April 2025)
The court found that the applicant's affidavits in all three cases were not properly commissioned, failing to comply with Regulation 4, and that there was no substantial compliance to warrant condonation. In the first case, even if the procedural defect were overlooked, the applicant's substantive complaints had already resulted in a disciplinary hearing recommendation against Adv. Wass, rendering the review application unnecessary. In the second and third cases, the delay in instituting review proceedings was inordinate and unexplained, and no satisfactory explanation was provided to justify…
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Vermeulen v City of Tshwane Metropolitan Municipality and Another (2024/018830) [2025] ZAGPPHC 306 (11 March 2025)
The court found that the City of Tshwane was entitled under section 26 of its Standard Electricity By-Laws to disconnect the applicant's electricity supply immediately and without prior notice upon finding prima facie evidence of tampering. The applicant's reliance on procedural fairness and the Joseph case was misplaced, as those principles apply to disconnections for non-payment, not for unlawful connections. The evidence established that the applicant's meter had been tampered with, enabling electricity supply for five months without purchase. The applicant's challenges regarding the locat…
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South African Legal Practical Council v Louw and Others (2023/068293) [2024] ZAGPJHC 959; 2025 (1) SA 447 (GJ) (30 September 2024)
The High Court dismissed the LPC’s striking-off application, holding that a disciplinary inquiry was needed because the facts and individual culpability were not adequately established.
Ogoh v S (A114/2023) [2023] ZAGPJHC 1227 (27 October 2023)
High Court appeal against refusal of bail in a rape matter dismissed after the court found the appellant was a flight risk and had not rebutted the State's evidence.
S v Jonas and Others (REV17/2023;18/202319/2023;20/2023) [2023] ZALMPPHC 18 (13 April 2023)
The High Court set aside a magistrate’s order striking criminal cases off the roll for lack of S.212 affidavits in immigration charges.
Todd v Magistrate, Clanwilliam and Others (19247/19) [2022] ZAWCHC 15; 2023 (1) SACR 481 (WCC) (23 February 2022)
The court found that although the magistrate erred in dispensing with oral evidence despite recommendations from the DPP and requests from interested parties, this error alone did not vitiate the proceedings. The applicant failed to demonstrate any prejudice resulting from the magistrate's decision, especially since he, through his legal counsel, supported the decision to proceed without oral evidence. The court emphasized that review is not available merely because the decision was wrong or unreasonable; it must be shown to be arbitrary or prejudicial. Furthermore, the magistrate's finding o…
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Mathibela v S (CC149/2016) [2021] ZAGPPHC 705 (27 October 2021)
The High Court dismissed a Schedule 6 bail application, finding no exceptional circumstances. Prior bail non-compliance, flight risk, and the interests of justice weighed against release.
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