South Africa Case Law

Metro Chicken (Pty) Ltd and Others v Master of the High Court of South Africa, Durban and Others (D14387/2023)

Metro Chicken (Pty) Ltd and Others v Master of the High Court of South Africa, Durban and Others (D14387/2023) [2025] ZAKZDHC 51 (12 August 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D14387/2023

Judge

Mossop

The High Court dismissed a liquidation challenge for lack of standing and no proof of misconduct. Condonation for a late reply was also refused with costs.

• Winding Up Of Companies
• Liquidator Powers
• Locus Standi
• Sale Of Assets
• Condonation
• Punitive Costs

Municipal Employees Pension Fund and Others v Ndou and Another (076955/2025)

Municipal Employees Pension Fund and Others v Ndou and Another (076955/2025) [2025] ZAGPJHC 775 (11 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

076955/2025

Judge

Khan

The High Court found partial non-compliance with a prior order, granted contempt relief in terms of the draft prayers, and ordered punitive costs.

• Contempt Of Court
• Interdict
• Punitive Costs
• Contempt-of-court
• Punitive-costs

Mthombeni v Masuku and Others (2025-124686)

Mthombeni v Masuku and Others (2025-124686) [2025] ZAGPPHC 783 (4 August 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025-124686

Judge

E van der Schyff

The court held that the managing agent was improperly joined in a spoliation application and ordered the applicant to pay its costs on an attorney-and-client scale.

• Joinder Of Parties
• Spoliation
• Costs Orders
• Punitive Costs
• Misjoinder
• Punitive-costs

Beukes v Road Accident Fund (Leave to Appeal) (8066/2014)

Beukes v Road Accident Fund (Leave to Appeal) (8066/2014) [2025] ZAGPPHC 771 (4 August 2025)

Court

North Gauteng High Court, Pretoria

Case number

8066/2014

Judge

BAQWA

The High Court refused condonation and leave to appeal after a two-year delay, finding no satisfactory explanation, no proper authority issues cured, and no prospects of success.

• Condonation
• Leave To Appeal
• Punitive Costs
• Authority To Institute Proceedings
• Leave-to-appeal
• Punitive-costs

Montana v Commissioner for the South African Revenue Service (2023-047735)

Montana v Commissioner for the South African Revenue Service (2023-047735) [2025] ZAGPPHC 749 (21 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023-047735

Judge

Labuschagne

The High Court dismissed condonation for a late answering affidavit in sequestration proceedings and granted SARS’s strike-out application with punitive costs.

• Condonation For Late Filing
• Sequestration Proceedings
• Strike Out Application
• Punitive Costs
• Condonation
• Strike-out-application

Capper v Wasserman (18 July 2025) (068622/2024)

Capper v Wasserman (18 July 2025) (068622/2024) [2025] ZAGPPHC 742 (18 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

068622/2024

Judge

Janse Van Nieuwenhuizen

The High Court held that a R1 million loan between close family-like parties was not an arm’s length credit agreement under the National Credit Act.

• Loan Agreement
• National Credit Act
• Arm S Length Transaction
• Punitive Costs
• Familial Relationship Exception
• Loan-agreement

Mulaudzi v Minister of Police and Another (29235/16)

Mulaudzi v Minister of Police and Another (29235/16) [2025] ZAGPJHC 678 (16 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

29235/16

Judge

S Yacoob

The High Court awarded R800,000 for unlawful arrest and detention, and ordered attorney-and-client costs, after finding serious harm and official misconduct.

• Unlawful Arrest
• Unlawful Detention
• Quantum Of Damages
• Personal Injury
• Punitive Costs
• Unlawful-arrest

Sibeko v Mogashoa and Another (064969/2025)

Sibeko v Mogashoa and Another (064969/2025) [2025] ZAGPPHC 752 (14 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

064969/2025

Judge

Minnaar AJ

The High Court dismissed an application for leave to appeal against a contempt order and awarded costs on the attorney-and-client scale.

• Leave To Appeal
• Contempt Of Court
• Punitive Costs
• Final Vs Interlocutory Orders
• Leave-to-appeal
• Contempt-of-court

Hlamandana and Another v Premier, Eastern Cape Provincial Government and Others (Leave to Appeal) (2227/2023)

Hlamandana and Another v Premier, Eastern Cape Provincial Government and Others (Leave to Appeal) (2227/2023) [2025] ZAECMHC 61 (8 July 2025)

Court

Eastern Cape High Court, Mthatha

Case number

2227/2023

Judge

Zono

The court found that the applicants' grounds for leave to appeal were without merit. The remittal order was justified under Section 8(1)(c)(i) of PAJA and Section 172(1)(b) of the Constitution, which empower courts to grant just and equitable remedies, including remittal for reconsideration by the administrator. The applicants' argument that the remittal was not sought by any party was rejected, as the relief sought was broad enough to encompass such an order. The court held that the fourth respondent was lawfully appointed and the proceedings were still extant, thus he was not functus offici…

Source excerpt

• Remittal Of Administrative Action
• Just And Equitable Remedy
• Judicial Review
• Punitive Costs
• Statutory Interpretation

Seima N.O and Others v Master of High Court Johannesburg and Others (2022/045994)

Seima N.O and Others v Master of High Court Johannesburg and Others (2022/045994) [2025] ZAGPJHC 686 (7 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/045994

Judge

Sawma AJ

The High Court confirmed a rule nisi and ordered Samnakay Attorneys to pay punitive costs for advancing false, defamatory and unsupported allegations against trustees.

• Punitive Costs
• De Bonis Propriis
• Trustee Removal
• Professional Misconduct
• Insolvency Act
• Abuse Of Process