South Africa Case Law

Caterpillar Financial Services South Africa (Pty) Ltd v Musor Consultants and Project CC (2025/023190)

Caterpillar Financial Services South Africa (Pty) Ltd v Musor Consultants and Project CC (2025/023190) [2025] ZAGPJHC 763 (5 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/023190

Judge

JF Pretorius

The court found that the respondent failed to set out sufficient circumstances to render the reconsideration application urgent. The respondent's allegations of prejudice, loss of contract, and reputational harm were unsupported by documentary evidence and were not causally linked to the repossession of the equipment. The respondent delayed bringing the application without adequate explanation and imposed unreasonable time constraints on the applicant. The court held that urgency in reconsideration applications is not automatic and must be independently established. As the respondent did not…

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• Urgent Application
• Reconsideration Of Ex Parte Order
• Uniform Rule 6 12 C
• Costs Award

Black Mountain Mining (Pty) Limited v Lead Engineering and Projects (Pty) Limited (2025/007209)

Black Mountain Mining (Pty) Limited v Lead Engineering and Projects (Pty) Limited (2025/007209) [2025] ZAGPJHC 136 (24 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/007209

Judge

Adams

The High Court reconsidered an urgent ex parte order perfecting a notarial bond and excluded the respondent’s Absa Bank accounts and debtors’ book from its scope.

• Urgent Application
• Reconsideration Of Ex Parte Order
• Notarial Bond Perfection
• Cession Of Debtors
• Priority Of Real Rights
• Urgent-application

National Director of Public Prosecutions v 999 Music CC (054695/2022)

National Director of Public Prosecutions v 999 Music CC (054695/2022) [2024] ZAGPPHC 81 (30 January 2024)

Court

North Gauteng High Court, Pretoria

Case number

054695/2022

Judge

M P Motha

The High Court refused to reconsider a POCA preservation order over property linked to NLC grant funds, finding reasonable grounds to suspect unlawful proceeds.

• Prevention Of Organised Crime Act
• Preservation Order
• Grant Funding Misuse
• Audi Alterem Partem
• Reconsideration Of Ex Parte Order
• Poca-preservation-order

Special Investigating Unit v Moyo and Another (GP/09/2022)

Special Investigating Unit v Moyo and Another (GP/09/2022) [2023] ZAST 3 (2 February 2023)

Court

Special Tribunal

Case number

GP/09/2022

Judge

JP Daffue

The Tribunal found that Ms Moyo failed to cast serious doubt upon the SIU’s factual averments and did not meaningfully engage with the evidence presented. The SIU established a prima facie right to the preservation of pension benefits, supported by detailed evidence of the flow of funds and the involvement of entities linked to Ms Moyo. The Tribunal was satisfied that there was a well-grounded apprehension of irreparable harm if the interim order was set aside, as Ms Moyo could dispose of her pension benefits, rendering any future judgment hollow. The balance of convenience favoured the SIU,…

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• Interim Interdict
• Reconsideration Of Ex Parte Order
• Preservation Of Pension Benefits
• Prima Facie Right
• Money Laundering Allegations

Kirpal v Peters and Others (32823/2021)

Kirpal v Peters and Others (32823/2021) [2022] ZAGPPHC 467 (23 June 2022)

Court

North Gauteng High Court, Pretoria

Case number

32823/2021

Judge

Nyathi

The court found that service of the urgent application was not effective as required by Rule 6(12)(a), since the application was served via WhatsApp only minutes before the hearing and the notice of set down was received after the matter was heard. This deprived the applicant of a fair opportunity to present his case. Furthermore, the failure to join Ms Caroline Zvoma, who had a direct interest in the property, rendered the order procedurally defective. The court held that the order of 02 July 2021 was obtained ex parte and was liable to be set aside on the grounds of ineffective service and…

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• Spoliation
• Urgent Application Procedure
• Service Of Process
• Joinder
• Reconsideration Of Ex Parte Order

Devco Auctioneers & Sales (Pty) Ltd and Another v Naude and Others (23467/2022)

Devco Auctioneers & Sales (Pty) Ltd and Another v Naude and Others (23467/2022) [2022] ZAGPPHC 301 (10 May 2022)

Court

North Gauteng High Court, Pretoria

Case number

23467/2022

Judge

E.M Kubushi

The High Court dismissed an attempt to anticipate a rule nisi and re-open an urgent interdict, finding the requirements for ex parte anticipation were not met.

• Rule Nisi
• Anticipation Of Return Day
• Reconsideration Of Ex Parte Order
• Business Rescue Proceedings
• Costs Order
• Rule-nisi

Ultimate Sports Nutrition (Pty) Ltd v Bezuidenhout (62515/20)

Ultimate Sports Nutrition (Pty) Ltd v Bezuidenhout (62515/20) [2020] ZAGPPHC 694 (8 December 2020)

Court

North Gauteng High Court, Pretoria

Case number

62515/20

Judge

Mabuse

The High Court dismissed a respondent’s reconsideration and Rule 45A applications, upholding an ex parte interim order attaching luxury vehicles pending further proceedings.

• Interim Interdict
• Urgent Application
• Reconsideration Of Ex Parte Order
• Suspension Of Execution
• Ownership Dispute
• Rule 45a

Afgri Grain Marketing (Pty) Ltd v Trustees for the time being of Copenship Bulkers A/S (in liquidation) and Others (797/2018)

Afgri Grain Marketing (Pty) Ltd v Trustees for the time being of Copenship Bulkers A/S (in liquidation) and Others (797/2018) [2019] ZASCA 67; [2019] 3 All SA 321 (SCA); 2024 (1) SA 373 (SCA) (29 May 2019)

Court

Supreme Court of Appeal

Case number

797/2018

Judges

Wallis, Van der Merwe, Mocumie, Schippers, Mokgohloa

The Supreme Court of Appeal held that Copenship failed to discharge the onus of proving a genuine and reasonable need for security. The evidence presented consisted largely of speculation and generalities, with no plausible basis for apprehension that Afgri would be unable or unwilling to satisfy an arbitration award. Afgri's financial statements demonstrated robust financial health, substantial assets, and the support of a large, stable group. The group treasury arrangements did not justify a reasonable apprehension of non-payment, as funds could be made available to satisfy any award. The a…

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• Security Arrest
• Admiralty Jurisdiction Regulation Act
• Genuine And Reasonable Need For Security
• Reconsideration Of Ex Parte Order
• Group Treasury Arrangements

Dundi Lodge (Pty) Ltd v Compensation Insure International Consultants (Pty) Ltd and Others (2080/2015;1749/2017)

Dundi Lodge (Pty) Ltd v Compensation Insure International Consultants (Pty) Ltd and Others (2080/2015;1749/2017) [2018] ZANCHC 50 (3 August 2018)

Court

Northern Cape High Court, Kimberley

Case number

2080/2015;1749/2017

Judge

BM Pakati

The High Court reconsidered and set aside an ex parte urgent order, required joinder of the Compensation Commissioner, and dismissed summary judgment amid factual disputes.

• Urgent Interim Relief
• Reconsideration Of Ex Parte Order
• Summary Judgment
• Joinder Of Parties
• Fraud
• Condonation

Imedical Ophthalmic International (Pty) Ltd v Lodder (72180/2017)

Imedical Ophthalmic International (Pty) Ltd v Lodder (72180/2017) [2017] ZAGPPHC 732 (21 November 2017)

Court

North Gauteng High Court, Pretoria

Case number

72180/2017

Judge

Mphahlele

The applicant failed to meet the requirements for the granting of an Anton Piller order. The order was vague and did not specify which documents or items in the respondent's possession constituted vital evidence. The applicant sought access to documents belonging to third parties not cited as respondents and used the order as a substitute for possessory or proprietary claims. The seizure of unspecified items, including electronic devices, supported the respondent's contention that the order amounted to a fishing expedition. The purpose of Anton Piller orders is to preserve evidence, not to en…

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• Anton Piller Order
• Urgent Application
• Reconsideration Of Ex Parte Order
• Preservation Of Evidence