South Africa Case Law

Molefe v Eskom Pension and Provident Fund and Others (93895/2019)

Molefe v Eskom Pension and Provident Fund and Others (93895/2019) [2025] ZAGPPHC 721 (11 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

93895/2019

Judges

R G Tolmay, M J Teffo, R Francis-Subbiah

The Full Court found that the court a quo erred in resolving the dispute regarding the amount repayable by Mr Molefe to the Fund solely on the papers, without proper consideration of the divergent expert actuarial evidence and the factual disputes regarding the calculation and flow of money. The court held that the matter required referral to oral evidence before a different judge to properly determine the quantum, as the actuaries' reports and supplementary affidavits revealed substantial disputes not amenable to resolution on affidavit. The court rejected the argument that the dispute had a…

Source excerpt

• Referral To Oral Evidence
• Expert Evidence
• Pension Fund Dispute
• Tax Refund Liability
• Costs Award
• Rule 41a Mediation

Kumalo and Others v Mphono and Others (Appeal) (A252/2023)

Kumalo and Others v Mphono and Others (Appeal) (A252/2023) [2025] ZAWCHC 302 (20 June 2025)

Court

Western Cape High Court, Cape Town

Case number

A252/2023

Judges

T Ndita, MI Samela, D S Kusevitsky

The appeal succeeded after the court found a chamber-book order ambiguous and not self-executing, set aside the dismissal, ordered oral evidence, and varied maintenance relief.

• Variation Of Court Order
• Declaratory Relief
• Maintenance From Estate
• Rule 42 Uniform Rules
• Referral To Oral Evidence
• Variation-of-court-order

Wood v Miller and Another (2023/052464)

Wood v Miller and Another (2023/052464) [2025] ZAGPJHC 396 (22 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/052464

Judge

A J D'Oliveira

The High Court referred a horse-ownership dispute to oral evidence after finding material factual disputes over ownership, estoppel, and a later promise to return the horse.

• Ownership Of Movable Property
• Estoppel
• Referral To Oral Evidence
• Rule 6 5 G
• Donation Of Property
• Oral-evidence-referral

City of Johannesburg v Hyde Park Gardens (Pty) Ltd ta Shell Hyde Park Gardens (2024/136466; 2023/077080; 2020/15428)

City of Johannesburg v Hyde Park Gardens (Pty) Ltd ta Shell Hyde Park Gardens (2024/136466; 2023/077080; 2020/15428) [2025] ZAGPJHC 318 (24 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/136466; 2023/077080; 2020/15428

Judge

Badenhorst AJ

The High Court dismissed the City of Johannesburg’s application for leave to appeal, holding that most orders were not yet appealable and the contempt finding lacked prospects of success.

• Contempt Of Court
• Appealability
• Municipal Services Dispute
• Costs Orders
• Referral To Oral Evidence
• Leave-to-appeal

WRT Silo 2 (Pty) Ltd v Bouwer Contracting (Pty) Ltd and Another (4616/2024)

WRT Silo 2 (Pty) Ltd v Bouwer Contracting (Pty) Ltd and Another (4616/2024) [2025] ZAFSHC 35 (7 February 2025)

Court

Free State High Court, Bloemfontein

Case number

4616/2024

Judge

Mpama AJ

High Court matter on rent-to-own truck agreements, where a dispute over arrear rental and alleged set-off could not be resolved on affidavit and was sent to oral evidence.

• Rent To Own Agreement
• Material Dispute Of Facts
• Set Off
• Suretyship
• Motion Proceedings
• Referral To Oral Evidence

Urban Growth Investments (Pty) Ltd v Mesh VC (Pty) Ltd (133934/2023)

Urban Growth Investments (Pty) Ltd v Mesh VC (Pty) Ltd (133934/2023) [2024] ZAGPPHC 1366 (27 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

133934/2023

Judge

Holland-Muter

The High Court dismissed a claim for repayment under a share sale exit clause, holding that repayment was premature because the contractual loan threshold had not been met.

• Sale Of Shares Agreement
• Loan Conversion Clause
• Contractual Dispute
• Referral To Oral Evidence
• Costs Order
• Share-sale-agreement

Tempelhof Filling Station (Pty) Ltd v Controller of Petroleum Products and Others (2024-017060)

Tempelhof Filling Station (Pty) Ltd v Controller of Petroleum Products and Others (2024-017060) [2024] ZAGPPHC 1310 (9 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024-017060

Judge

Holland-Muter

Urgent application dismissed: the court refused contempt, oral evidence, and renewed interim interdict relief, and awarded costs including two counsel.

• Contempt Of Court
• Interim Interdict
• Referral To Oral Evidence
• Urgency Rule 6 12
• Costs Award
• Urgent-applications

Maitja v Molapo and Another (HCA44/2023)

Maitja v Molapo and Another (HCA44/2023) [2024] ZALMPPHC 198 (4 December 2024)

Court

Limpopo High Court, Polokwane

Case number

HCA44/2023

Judges

Monene, Kganyago

The court found that both parties relied on the same witness, Matome Ratjomane, for mutually contradictory versions regarding the ownership of the property. The Magistrate erred by simply preferring one version over the other without a reasoned basis or proper analysis of the evidence. Given the existence of a genuine dispute of fact, the matter could not be resolved on affidavit alone. The correct approach was to refer the matter to oral evidence or trial to determine ownership. Consequently, the appeal succeeded, and the Magistrate's orders, including the costs order, were set aside. The ma…

Source excerpt

• Eviction
• Dispute Of Fact
• Ownership Of Property
• Referral To Oral Evidence

CSS Security v Cloete and Others (UM140/2023)

CSS Security v Cloete and Others (UM140/2023) [2024] ZANWHC 207 (12 August 2024)

Court

North West High Court, Mafikeng

Case number

UM140/2023

Judge

A Reddy

The court referred a restraint-of-trade and confidential-information dispute to oral evidence because material factual disputes could not be resolved on affidavit.

• Restraint Of Trade
• Confidential Information
• Interim Interdict
• Final Interdict
• Dispute Of Fact
• Referral To Oral Evidence

True North Holdings (Pty) Limited and Others v Sky Gecko Software Lab (Pty) Limited and Another (23149/23)

True North Holdings (Pty) Limited and Others v Sky Gecko Software Lab (Pty) Limited and Another (23149/23) [2024] ZAWCHC 148 (29 May 2024)

Court

Western Cape High Court, Cape Town

Case number

23149/23

Judge

A Katz

The court found that the applicants elected to proceed by way of motion and claimed urgency, yet failed to act with the necessary expedition. The referral application for oral evidence was brought at the last possible moment, without any exceptional circumstances to justify such a late referral. Referral to oral evidence would have delayed the resolution of the main application, rendering any relief ineffective and academic. The applicants did not establish that referral would conduce to an effective and speedy resolution. Regarding interim relief, the court held that the relief was sought pe…

Source excerpt

• Restraint Of Trade
• Confidential Information
• Referral To Oral Evidence
• Interim Interdict
• Abuse Of Process