South Africa Case Law

Minister of Police v Ngubane (AR284/22)

Minister of Police v Ngubane (AR284/22) [2023] ZAKZPHC 143 (17 November 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR284/22

Judges

R Singh, Bederson

The court found that the recusal application was filed timeously in accordance with the order of 25 May 2021. There was no evidence of reckless, irresponsible, or negligent conduct on the part of Ms Nogwebela. The Magistrate in the court a quo misdirected himself in finding otherwise. As there were no exceptional circumstances, the punitive costs order de bonis propriis against Ms Nogwebela was not warranted and must be set aside.

Source excerpt

• Costs De Bonis Propriis
• Punitive Costs
• Recusal Application
• Condonation
• Exceptional Circumstances

Mmope v Madibeng Local Municipality and Others (2022/15337)

Mmope v Madibeng Local Municipality and Others (2022/15337) [2023] ZAGPJHC 403 (2 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/15337

Judge

M Victor

The court ordered the respondents to pay wasted costs for 17 and 18 May 2022 after unfounded recusal and irregular enrolment allegations caused delay.

• Wasted Costs
• Recusal Application
• Irregular Enrolment
• De Bonis Propriis Costs
• Wasted-costs
• Judicial-recusal

N.T Makhubele Enterprises CC and Others v Business Partners Ltd and Others (30109/2022)

N.T Makhubele Enterprises CC and Others v Business Partners Ltd and Others (30109/2022) [2022] ZAGPPHC 559 (27 July 2022)

Court

North Gauteng High Court, Pretoria

Case number

30109/2022

Judge

Nyathi

Urgent application for interdictory relief, leave to appeal, recusal, and a stay of execution was dismissed with costs for lack of legal merit.

• Stay Of Execution
• Interdictory Relief
• Vexatious Litigation
• Leave To Appeal
• Recusal Application
• Interdicts

N.S.B v A.F.B (260/2019)

N.S.B v A.F.B (260/2019) [2022] ZAECMKHC 36 (7 June 2022)

Court

Eastern Cape High Court, Makhanda

Case number

260/2019

Judge

M.S. Jolwana

Court dealt with continued civil contempt over non-compliance with a divorce settlement order, struck out offensive affidavit material, and dismissed a recusal bid.

• Civil Contempt Of Court
• Divorce Settlement Enforcement
• Bond Liability Release
• Costs Order
• Recusal Application
• Civil-contempt-of-court

Department of Agriculture, Forestry and Fisheries and Another v B Xulu & Partners Incorporated and Others (6189/2019)

Department of Agriculture, Forestry and Fisheries and Another v B Xulu & Partners Incorporated and Others (6189/2019) [2020] ZAWCHC 98 (10 September 2020)

Court

Western Cape High Court, Cape Town

Case number

6189/2019

Judge

O L Rogers

The High Court refused leave to appeal against orders setting aside an unlawful procurement-linked settlement and related execution steps, with costs.

• Leave To Appeal
• Public Procurement
• Just And Equitable Relief
• Recusal Application
• State Liability Act
• Rescission Of Judgment

M C v F D (5544/2017)

M C v F D (5544/2017) [2020] ZAGPJHC 19 (30 January 2020)

Court

South Gauteng High Court, Johannesburg

Case number

5544/2017

Judge

L T Modiba

The High Court struck out the respondent’s defence and counterclaim in a divorce matter and ordered punitive costs after a withdrawn recusal application.

• Divorce Action
• Primary Residence Of Children
• Rule 43 Variation
• Recusal Application
• Punitive Costs
• Divorce-action

Afgen (Pty) Ltd v Ziqubu (JA34/18)

Afgen (Pty) Ltd v Ziqubu (JA34/18) [2019] ZALAC 40; [2019] 10 BLLR 977 (LAC); (2019) 40 ILJ 2276 (LAC) (13 June 2019)

Court

Labour Appeal Court

Case number

JA34/18

Judges

Waglay, Jappie, Coppin

Labour Appeal Court upheld an appeal on remedy: reinstatement was impracticable, but the respondent got maximum compensation for unfair dismissal.

• Unfair Dismissal
• Compensation Quantum
• Reinstatement
• Recusal Application
• Unfair-dismissal
• Compensation

Health Professions Council of South Africa v Basson (29967/15)

Health Professions Council of South Africa v Basson (29967/15) [2019] ZAGPPHC 149 (7 May 2019)

Court

North Gauteng High Court, Pretoria

Case number

29967/15

Judge

Potterill

The High Court refused leave to appeal in a disciplinary-bias dispute, holding there was no reasonable prospect of success and awarding costs.

• Recusal Application
• Reasonable Apprehension Of Bias
• Internal Remedy Effectiveness
• Disciplinary Hearing Procedure
• Administrative-law
• Leave-to-appeal

S v Masooa (2015/196, 2014/041)

S v Masooa (2015/196, 2014/041) [2016] ZAGPJHC 27; [2016] 2 All SA 201 (GJ); 2016 (2) SACR 224 (GJ) (17 February 2016)

Court

South Gauteng High Court, Johannesburg

Case number

2015/196, 2014/041

Judge

Spilg

Mid-trial criminal ruling on sections 167 and 186 of the CPA, allowing recall of witnesses and subpoena of experts on motorcycle controls and forensic evidence.

• Calling Of Witnesses
• Recusal Application
• Expert Evidence
• Crime Scene Reconstruction
• Forensic Evidence
• Application Of Section 186 And 167

Randfontein Local Municipality and Another v Quill Associates (Pty) Ltd (36264/2013; 36265/2013)

Randfontein Local Municipality and Another v Quill Associates (Pty) Ltd (36264/2013; 36265/2013) [2015] ZAGPPHC 638 (15 September 2015)

Court

North Gauteng High Court, Pretoria

Case number

36264/2013; 36265/2013

Judge

S. Potterill

The High Court dismissed a leave-to-appeal application, finding no reasonable prospects of success and ordering the applicants to pay costs.

• Leave To Appeal
• Oral Agreement
• Reasonable Royalty
• Recusal Application
• Leave-to-appeal
• Oral-agreement