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South Africa Case Law

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Delict [2025] ZAFSHC 232

Sibiya v Morgan-Mashale (6342/2024)

Sibiya v Morgan-Mashale (6342/2024) [2025] ZAFSHC 232 (8 August 2025)

High Court defamation case over social media posts alleging crime-scene tampering and bribery; the court found plausible defences and discharged the rule nisi.

  • Defamation
  • Final Interdict
  • Protected Disclosures Act
  • Truth And Public Interest
  • Reasonable Publication
  • Final-interdict
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Delict [2025] ZAGPJHC 285

Jacobs v Nkomo and Another (2023/019518)

Jacobs v Nkomo and Another (2023/019518) [2025] ZAGPJHC 285 (14 March 2025)

The court found that the first respondent's statements were defamatory, wrongful, and intentional. The allegations of corruption, maladministration, and improper appointments were unsubstantiated and had been investigated and found to be baseless. The first respondent failed to discharge the onus of proving truth and public interest. The applicant demonstrated harm to his reputation and dignity, warranting declaratory and interdictory relief. The court held that compensatory relief such as retraction and apology could not be granted on motion and must be referred to oral evidence. Condonation…

  • Defamation
  • Interdict
  • Declaratory Relief
  • Protected Disclosures Act
  • Condonation
  • Truth And Public Interest Defence
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Commercial And Corporate [2024] ZAFSHC 302

Selesho N.O and Another v Mangoejane and Others (1372/2024)

Selesho N.O and Another v Mangoejane and Others (1372/2024) [2024] ZAFSHC 302 (3 October 2024)

The court found that the applicants, as trustees of the Leagang Family Trust and equal shareholders in the holding company, had locus standi to seek interim interdictory relief to protect the assets of the third respondent. The first respondent, as sole director, had made fraudulent and unlawful payments from the third respondent's bank account for her personal benefit, which were uncontested due to the absence of answering affidavits. The court accepted the applicants' allegations as established facts and held that the interim order was appropriate to maintain the status quo pending the inst…

  • Derivative Action
  • Fiduciary Duties Of Directors
  • Interim Interdict
  • Locus Standi
  • Protected Disclosures Act
  • Reflective Loss
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Labour Law [2024] ZALCD 21

Petersen v Ethekwini Municipality (D310/2024)

Petersen v Ethekwini Municipality (D310/2024) [2024] ZALCD 21 (21 June 2024)

The court found that the agreement to proceed with a s188A pre-dismissal arbitration was limited to the allegations of misconduct set out in the disciplinary notice and did not extend to the issue of the applicant's qualifications. The employer terminated the applicant's employment based on the non-fulfilment of a suspensive condition in his contract, not as a disciplinary sanction for misconduct. The applicant did not dispute the factual basis for the termination, and there was no evidence that the employer was obliged to treat the qualifications issue as misconduct or include it in the s188…

  • Pre Dismissal Arbitration
  • Protected Disclosures Act
  • Contractual Termination
  • Disciplinary Procedure
  • Collective Agreement
  • Unlawful Dismissal
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Civil Procedure [2024] ZAGPJHC 332

Investec Bank Limited v Pillay (2024/018005)

Investec Bank Limited v Pillay (2024/018005) [2024] ZAGPJHC 332 (5 April 2024)

The High Court set aside an ex parte preservation order because Investec had no adequate basis to proceed without notice, but preserved confidentiality with limited access.

  • Ex Parte Applications
  • Protected Disclosures Act
  • Automatic Unfair Dismissal
  • Confidential Information
  • Interdictory Relief
  • Ex-parte-applications
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Civil Procedure [2023] ZAGPJHC 1095

Maharaj v Strate (Pty) Ltd and Others (21/48263)

Maharaj v Strate (Pty) Ltd and Others (21/48263) [2023] ZAGPJHC 1095 (26 September 2023)

The court held that the particulars of claim for Claim A and Claim B, when read in a manner most favourable to the plaintiff, disclose causes of action. The quantification of damages and lack of particularity are matters for trial and do not justify upholding the exception at this stage. The court found that Claim C, which attempts to plead a delictual claim for repudiation of contract, does not disclose a cause of action as South African law does not permit a delictual claim where the negligence alleged is a breach of contract. Regarding Claim D, the court held that section 76(2) and section…

  • Protected Disclosures Act
  • Breach Of Employment Contract
  • Quantification Of Contractual Damages
  • Delictual Liability
  • Director Fiduciary Duties
  • Companies Act Liability
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Administrative Law [2023] ZAGPPHC 697

Jaihai v Financial Services Tribunal and Another (3416/2022)

Jaihai v Financial Services Tribunal and Another (3416/2022) [2023] ZAGPPHC 697; [2023] 4 All SA 404 (GP) (17 August 2023)

The High Court reviewed and set aside the Financial Services Tribunal’s summary dismissal of a reconsideration application and remitted the matter for proper reconsideration.

  • Protected Disclosures Act
  • Failure To Provide Reasons
  • Procedural Fairness
  • Irrationality
  • Natural Justice
  • Administrative-law
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Civil Procedure [2023] ZAFSHC 108

Sasol South Africa (Pty) Ltd and Others v Cramer (3338/2019)

Sasol South Africa (Pty) Ltd and Others v Cramer (3338/2019) [2023] ZAFSHC 108 (11 April 2023)

The court dismissed Sasol’s bid to separately hear a COIDA special plea, holding the issue could not be decided conveniently without agreed or proven facts.

  • Separation Of Issues
  • Protected Disclosures Act
  • Compensation For Occupational Injuries And Diseases Act
  • Special Plea
  • Occupational Detriment
  • Separation-of-issues
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Commercial And Corporate [2020] ZAGPJHC 1

Old Mutual Limited and Others v Moyo and Another (A5041/19)

Old Mutual Limited and Others v Moyo and Another (A5041/19) [2020] ZAGPJHC 1; [2020] 4 BLLR 401 (GJ); [2020] 2 All SA 261 (GJ); (2020) 41 ILJ 1085 (GJ) (14 January 2020)

The court held that Old Mutual was contractually entitled to terminate Mr Moyo's employment by giving six months' notice under clause 24.1.1, and that clause 25.1.1 did not confer a right on Mr Moyo to a disciplinary enquiry or pre-dismissal arbitration before such termination. The termination was a lawful exercise of a contractual right, not a repudiation. The breakdown in trust and confidence between Mr Moyo and the Old Mutual board rendered specific performance (reinstatement) inappropriate. The interim interdict reinstating Mr Moyo was wrongly granted, as he failed to establish a prima fa…

  • Employment Contract Termination
  • Specific Performance
  • Interim Interdict
  • Protected Disclosures Act
  • Board Director Duties
  • Conflict Of Interest
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Civil Procedure [2019] ZAGPJHC 316

Old Mutual Ltd and Others v Moyo and Another (22791/2019)

Old Mutual Ltd and Others v Moyo and Another (22791/2019) [2019] ZAGPJHC 316 (6 September 2019)

The court found that the orders granted on 30 July 2019 were interim in nature and not final, as they were subject to modification pending the outcome of Part B. However, given the serious, immediate, ongoing, and potentially irreparable harm to the management of the first applicant, and the unwholesome relationship between the parties, it was in the interest of justice that the orders be appealable. The court also acknowledged that its articulation of the balance of convenience could have been more comprehensive, and that reasonable prospects exist that another court may reach a different co…

  • Appealability Of Interim Orders
  • Balance Of Convenience
  • Employment Contract Termination
  • Specific Performance
  • Protected Disclosures Act
  • Reinstatement
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.