South Africa Case Law

Lekalakala v Transnet SOC Limited and Others (19753/2019)

Lekalakala v Transnet SOC Limited and Others (19753/2019) [2025] ZAGPJHC 340 (3 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

19753/2019

Judge

Mahomed

The court found that the respondent's repeated institution of recission applications on substantially the same grounds, his failure to provide a valid address for execution of cost orders, and his evasive conduct amounted to vexatious litigation and an abuse of process. The applicants, as a public entity, are entitled to protection from such conduct, especially where public funds are at stake. The respondent's explanations for delay and change of address were unconvincing, and his attorneys' lack of cooperation further prejudiced the applicants. The court exercised its discretion to order sec…

Source excerpt

• Security For Costs
• Vexatious Litigation
• Uniform Rule 47
• Recission Application
• Attorney Client Costs

Minister of Public Works and Infrastructure v Endemic Developments (Pty) Ltd and Others (23801/2018)

Minister of Public Works and Infrastructure v Endemic Developments (Pty) Ltd and Others (23801/2018) [2024] ZAGPPHC 1269 (29 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

23801/2018

Judge

Strijdom

The High Court stayed a sale in execution pending a rescission application, finding the judgment debt was disputed and that the applicant would suffer irreparable harm.

• Stay Of Execution
• Rule 45a
• Default Judgment
• Urgent Interdict
• Recission Application
• Stay-of-execution

Kgoano Consulting and Projects Management CC and Another v Business Partners Limited (30127/2021)

Kgoano Consulting and Projects Management CC and Another v Business Partners Limited (30127/2021) [2024] ZAGPPHC 319 (4 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

30127/2021

Judge

Le Grange

The High Court granted condonation for a late leave-to-appeal application but dismissed leave to appeal, finding no reasonable prospects of success.

• Condonation
• Leave To Appeal
• Costs Award
• Recission Application
• Leave-to-appeal
• Costs

Mahlangu v Tee-Eff Supermarket (J130/01)

Mahlangu v Tee-Eff Supermarket (J130/01) [2001] ZALC 73 (22 May 2001)

Court

Labour Court

Case number

J130/01

Judge

E Revelas

The Labour Court granted an application to make a CCMA arbitration award an order of court after the respondent failed to prove service of a rescission application.

• Arbitration Award Enforcement
• Recission Application
• Section 158 1 C
• Ccma Procedure
• Arbitration-award-enforcement
• Rescission-application