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South Africa Case Law

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Civil Procedure [2025] ZANWHC 84

Selogilwe Building Contractors CC v MEC: Department of Co-Operative Governance, Human Settlements and Traditional Affairs: North-West and Another (1296/2018)

Selogilwe Building Contractors CC v MEC: Department of Co-Operative Governance, Human Settlements and Traditional Affairs: North-West and Another (1296/2018) [2025] ZANWHC 84 (13 May 2025)

The High Court dismissed an application to lift the bar and condone a very late replication, finding no good cause, weak explanations, and prejudice to the respondents.

  • Condonation
  • Late Filing
  • Upliftment Of Bar
  • Replication
  • Rule 25
  • Rule 32
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Banking And Finance [2025] ZAGPJHC 471

Dr L J Jordaan Inc v Mather (A2024-089565)

Dr L J Jordaan Inc v Mather (A2024-089565) [2025] ZAGPJHC 471 (2 May 2025)

The High Court dismissed an appeal about a foreign-currency loan and exchange control, finding Regulation 2(1) was misapplied and costs followed the result.

  • Exchange Control Regulations
  • Authorised Dealer
  • Illegal Contracts
  • Replication
  • Statutory Compliance
  • Exchange-control
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Civil Procedure [2025] ZAGPJHC 311

Moeketsi v Dikwena Chrome Proprietary Limited ta SAMANCOR (2023/009557)

Moeketsi v Dikwena Chrome Proprietary Limited ta SAMANCOR (2023/009557) [2025] ZAGPJHC 311 (25 March 2025)

The High Court held that a replication filed after an exception was dismissed was timeous, dismissed the Rule 30 application, and refused condonation.

  • Rule 30 Irregular Step
  • Condonation Of Late Pleading
  • Exception To Plea
  • Replication Time Period
  • Unfair Labour Practice
  • Civil-procedure
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Civil Procedure [2025] ZAGPJHC 10

Bencherki v Ericsson Sub-Saharan Africa (Pty) Ltd (12002/16)

Bencherki v Ericsson Sub-Saharan Africa (Pty) Ltd (12002/16) [2025] ZAGPJHC 10 (13 January 2025)

The High Court granted leave to amend pleadings and condoned a late replication, but ordered the plaintiff to pay the defendant’s costs. The dismissal application failed.

  • Amendment Of Pleadings
  • Condonation
  • Replication
  • Abuse Of Process
  • Authority Of Agent
  • Prescription
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Civil Procedure [2024] ZAGPJHC 1090

Sun City Waterworld (Pty) Limited v Sun International (South Africa) Limited (A2024/001715)

Sun City Waterworld (Pty) Limited v Sun International (South Africa) Limited (A2024/001715) [2024] ZAGPJHC 1090 (28 October 2024)

The High Court set aside an upheld exception, finding the replication was not vague and embarrassing and did not introduce a new cause of action.

  • Exception Procedure
  • Vague And Embarrassing Pleading
  • Rectification Of Contract
  • Oral Vs Written Agreement
  • Declaratory And Interdictory Relief
  • Civil-procedure
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Civil Procedure [2024] ZAFSHC 233

Superdoc One CC v Louw (5177/2021)

Superdoc One CC v Louw (5177/2021) [2024] ZAFSHC 233 (9 May 2024)

The court dismissed an application to condone an 18-month late replication, finding the explanation inadequate and the delay substantial.

  • Condonation
  • Late Filing
  • Uniform Rules Of Court
  • Locus Standi
  • Prescription
  • Late-filing
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Civil Procedure [2024] ZAWCHC 12

N.F v Santam Limited (11554/2017)

N.F v Santam Limited (11554/2017) [2024] ZAWCHC 12 (26 January 2024)

The High Court granted condonation for the late filing of a replication in a medical-malpractice insurance dispute, finding triable issues about coverage and insolvency.

  • Condonation
  • Late Filing Of Replication
  • Medical Malpractice
  • Insurance Liability
  • Insolvency Act Section 156
  • Replication
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Civil Procedure [2019] ZAGPPHC 1086

Sambit Holdings (Proprietary) Limited v Marais and Others (90194/15)

Sambit Holdings (Proprietary) Limited v Marais and Others (90194/15) [2019] ZAGPPHC 1086 (9 December 2019)

The court dismissed an application to amend a replication, holding the plaintiff could not cure lack of locus standi in replication after a prior cession of debts.

  • Amendment Of Pleadings
  • Cession In Securitatem Debiti
  • Locus Standi
  • Prescription Interruption
  • Suretyship
  • Condonation
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Civil Procedure [2017] ZALMPTHC 10

Tshikovhi v Nemathithi (A09/2015)

Tshikovhi v Nemathithi (A09/2015) [2017] ZALMPTHC 10 (28 August 2017)

Appeal over stopped cheque payments and an alleged settlement agreement was dismissed. The court held no valid settlement was proven and no replication was required.

  • Cheque Payment Dispute
  • Replication Requirement
  • Settlement Agreement
  • Property Sale
  • Pleadings
  • Costs Award
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Civil Procedure [2016] ZAGPJHC 306

Momentum Property Investments (Pty) Ltd v Amadwala Trading 591 CC T/a Wimpy and Another (2478/2011)

Momentum Property Investments (Pty) Ltd v Amadwala Trading 591 CC T/a Wimpy and Another (2478/2011) [2016] ZAGPJHC 306 (21 October 2016)

The High Court dismissed an exception to a replication, holding that a replication need not itself disclose a cause of action and that the pleading remained excipiable? No.

  • Exception Procedure
  • Lease Agreement
  • Cause Of Action
  • Replication
  • Suretyship
  • Exception-procedure
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.