South Africa Case Law

ABSA Bank Limited v Boltman and Another (16025/2021)

ABSA Bank Limited v Boltman and Another (16025/2021) [2025] ZAWCHC 43 (13 February 2025)

Court

Western Cape High Court, Cape Town

Case number

16025/2021

Judge

J Cloete

The court found that, on the defendants' own version, they alternated residence between the Pretoria and George addresses and were duty bound to occupy the George address for periods of time. This established sufficient residence in the Western Cape for jurisdictional purposes under s 21(1) of the Superior Courts Act. The court further held that all relevant factors—location of the property, witnesses, legal representatives, and the defendants' own alternative prayer—supported transfer of the proceedings to the North Gauteng High Court, Pretoria. The defendants' attempt to escape the jurisdic…

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• Jurisdiction
• Removal Of Proceedings
• Mortgage Bond Enforcement
• Suretyship
• Summary Judgment
• Special Execution Order

Voko v Road Accident Fund (06/2022)

Voko v Road Accident Fund (06/2022) [2022] ZAECGHC 33 (29 March 2022)

Court

Eastern Cape High Court, Grahamstown

Case number

06/2022

Judge

Govindjee

The court held that section 27 of the Superior Courts Act restricts the removal of proceedings to another seat within a division only if that seat has been established by the Minister as a local seat after consultation with the Judicial Service Commission. The East London Circuit Court is not a local seat but a circuit court, and therefore does not qualify for removal under section 27. The applicants' reliance on convenience and cost-efficiency does not override the statutory framework. The High Court is obliged to hear matters within its jurisdiction and cannot decline to do so based on conc…

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• Removal Of Proceedings
• Jurisdiction Of High Court
• Superior Courts Act
• Concurrent Jurisdiction

Advent Oil (Pty) Ltd v Vuletjeni Trading and Projects (Pty) Ltd (4262/2019)

Advent Oil (Pty) Ltd v Vuletjeni Trading and Projects (Pty) Ltd (4262/2019) [2021] ZAMPMBHC 35 (21 June 2021)

Court

Mbombela High Court, Mpumalanga

Case number

4262/2019

Judge

Sigogo

The Mbombela Main Seat of the Mpumalanga Division does not have territorial jurisdiction over matters arising in the area of Emalahleni, which falls under the Middleburg Local Division, as determined by Government Gazette No. 42420 and the Superior Courts Act. The respondent's registered office was in Emalahleni at the time the application was issued, and the absence of an objection to jurisdiction does not confer jurisdiction where it is lacking. In the interest of justice and in accordance with section 27 of the Superior Courts Act, the proceedings must be removed to the Middleburg Local Di…

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• Territorial Jurisdiction
• Removal Of Proceedings
• Winding Up Of Companies
• Companies Act 1973

Cape Flexible Converters (Pty) Ltd v NSP Unsgaard (Pty) Ltd (22710/2019)

Cape Flexible Converters (Pty) Ltd v NSP Unsgaard (Pty) Ltd (22710/2019) [2020] ZAWCHC 123 (21 October 2020)

Court

Western Cape High Court, Cape Town

Case number

22710/2019

Judge

Hockey

The court found that the applicant failed to prove that the respondent's principal place of business is in Cape Town. The evidence presented, such as delivery addresses and certain managers being based in Cape Town, did not establish that central control and management occurred there. The respondent's registered office and head office are in Durban, and the applicant did not demonstrate otherwise. Consequently, the Western Cape High Court lacked jurisdiction. However, the court held that it was in the interests of justice to remove the matter to the KwaZulu Natal Local Division, Durban, under…

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• Winding Up Of Companies
• Jurisdiction Of High Court
• Removal Of Proceedings
• Companies Act 1973
• Superior Courts Act

Director of Public Prosecutions: Gauteng (Pretoria) v Mtshali (A905/2014B)

Director of Public Prosecutions: Gauteng (Pretoria) v Mtshali (A905/2014B) [2017] ZAGPPHC 485 (17 February 2017)

Court

North Gauteng High Court, Pretoria

Case number

A905/2014B

Judges

K.M. Kubushi, D. Makhoba

The High Court removed a sentence appeal to the Limpopo Division so the sentence appeal, conviction appeal, and review application could be heard together.

• Removal Of Proceedings
• Jurisdiction
• Appeal On Sentence
• Review Application
• Removal-of-proceedings
• Criminal-appeal

Carstens v Millennium Clutch Manufacturing (Pty) Ltd (29777/2015)

Carstens v Millennium Clutch Manufacturing (Pty) Ltd (29777/2015) [2016] ZAGPJHC 253 (12 September 2016)

Court

South Gauteng High Court, Johannesburg

Case number

29777/2015

Judge

WHG van der Linde

The court held it lacked jurisdiction over a winding-up application because the company’s registered office and main place of business were in the Western Cape.

• Winding Up Of Companies
• Jurisdiction Of High Courts
• Removal Of Proceedings
• Costs Orders
• Winding-up-of-companies
• High-court-jurisdiction

Ngqula v South African Airways (Pty) Ltd (775/11)

Ngqula v South African Airways (Pty) Ltd (775/11) [2012] ZASCA 120; 2013 (1) SA 155 (SCA) (19 September 2012)

Court

Supreme Court of Appeal

Case number

701/11

Judges

Heher, Ponnan, Wallis

The Supreme Court of Appeal held that an order authorising the removal of proceedings under section 3 of the Interim Rationalisation of High Courts Act is a simple interlocutory order and not appealable. The order does not dispose of any portion of the relief claimed in the main proceedings and does not have final effect on the rights of the parties. The appellant's argument that removal prejudiced his prescription defence was rejected, as prescription must be tested when pleaded, not at the removal stage. The court emphasised that the purpose of section 3 is procedural, enabling transfer to…

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• Interim Rationalisation Of High Courts Act
• Appealability Of Interlocutory Orders
• Jurisdiction Clauses
• Removal Of Proceedings
• Prescription Defence

MEC, Department of Public Works, Roads and Transport v Sheriff of the High Court, Molopo (1972/11)

MEC, Department of Public Works, Roads and Transport v Sheriff of the High Court, Molopo (1972/11) [2011] ZANWHC 75 (22 December 2011)

Court

North West High Court, Mafikeng

Case number

1972/11

Judge

A A Landman

The court held it lacked jurisdiction over an urgent application and counter-application concerning sheriff’s commission and execution, and indicated referral to the issuing court.

• Jurisdiction Of High Courts
• Removal Of Proceedings
• Taxation Of Sheriff Accounts
• High-court-jurisdiction
• Removal-of-proceedings
• Sheriffs-account-taxation