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South Africa decisions
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Acting Sheriff of High Court Magistrate Court, Mthatha v Benzi and Others (2025/115944) [2025] ZALCPE 11 (29 July 2025)
The Labour Court held that a second urgent application to stay enforcement of the same arbitration award was res judicata and dismissed it with attorney-and-client costs.
Gottlieb v Procure Genii (Pty) Ltd (D131/2022) [2025] ZALCD 22 (1 July 2025)
The Labour Court held that a CCMA settlement covered only severance pay, not all dismissal-related claims. The respondent’s res judicata/lis pendens point was dismissed.
Unitrade 1047 (Pty) t/a Isidingo Security Services v Metsimaholo Local Municipality (245/2024) [2025] ZAFSHC 190 (24 June 2025)
The High Court dismissed an exception to a counterclaim, holding the issues had already been finally decided and were barred by res judicata.
Vilakazi v Mpumalanga Tourism and Parks Agency and Others (J2025/067794) [2025] ZALCJHB 216 (13 June 2025)
The Labour Court dismissed an urgent application to uplift a long suspension, holding that the matter was res judicata, outside its jurisdiction, and not urgent.
Zwane v Nqatshana Holdings (Pty) Ltd (JS04/2025) [2025] ZALCJHB 220 (13 June 2025)
The Labour Court dismissed a special plea of res judicata, finding the applicant was not a party to the settlement agreement relied on by the respondent.
Botha v Home Obligors Mortgage Enhanced (33723/15) [2025] ZAGPPHC 653 (11 June 2025)
The High Court dismissed an application for declaratory relief and declared the applicant a vexatious litigant after years of repeated, unsuccessful challenges.
Absa v Lezmin 2815 CC (906/2024) [2025] ZAFSHC 172 (11 June 2025)
The court found that the respondent's reliance on res judicata was misplaced, as the previous settlement agreement only resolved the earlier liquidation application and did not preclude the applicant from seeking liquidation in the event of subsequent non-compliance. The respondent admitted its indebtedness in multiple agreements, and its dispute related only to the quantification of the debt, not the existence of the debt itself. The respondent failed to provide credible evidence of liquidity, relying on unaudited financial statements and unsubstantiated claims of future income. The court wa…
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Department of Human Settlements, Eastern Cape Province and Others v Diutwileng (Leave to Appeal) (3486/2022) [2025] ZAECMKHC 49 (6 June 2025)
The High Court dismissed an application for leave to appeal against a contempt finding, holding that the respondent showed no reasonable prospect of success.
Ellison v Breytenbach N.O and Another (A278/2022) [2025] ZAGPPHC 565 (5 June 2025)
The court held that the Kollapen order did not constitute a new South African sequestration order but rather recognised the UK bankruptcy and empowered the first respondent to administer the appellant's South African assets. The appellant remained an undischarged bankrupt in the UK, and the findings of Kollapen J were res iudicata before Collis J. The court a quo had no jurisdiction to reinterpret or vary the Kollapen order, and the appellant's contentions regarding rehabilitation and the effect of time were without merit. The appeal was dismissed as there was no basis to overturn the evictio…
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Body Corporate of the Manhattan v Blake (52472/2023) [2025] ZAGPPHC 583 (3 June 2025)
The High Court upheld exceptions to a respondent’s plea and counterclaim in a sectional title dispute, holding levies cannot be withheld and the counterclaim was res judicata.
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