South Africa Case Law

South Africa Riding for the Disabled Association v Regional Land Claims Commission, Western Cape and Others

SARDA lacked standing because the Constitutional Court's 2017 judgment finally determined that its interest in the restitution proceedings was limited to compensation. SARDA did not bring a proper rescission application against that 2017 order and was therefore not entitled to try to re-open or undermine it through an appeal against the Land Court's 2024 order. Since standing was absent, leave to appeal had to be refused, with costs.

Source excerpt

• Standing
• Intervention
• Rescission
• Finality of judgments
• Costs
• Lawful occupier compensation

Hay v Road Accident Fund (2019/5932)

Hay v Road Accident Fund (2019/5932) [2025] ZAGPJHC 278 (14 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

46032/2018

Judge

Wilson

The applicants withdrew a rescission application. The High Court ordered them to pay costs on the attorney-and-client scale because of a contractual costs clause and the way the case was pursued.

• Costs Scale
• Mortgage Enforcement
• Costs-scale
• Mortgage-enforcement
• Withdrawal-of-application
• Rescission

C.R.W v L.M.W and Another (12866/2014)

C.R.W v L.M.W and Another (12866/2014) [2025] ZAWCHC 279 (2 July 2025)

Court

Western Cape High Court, Cape Town

Case number

12866/2014

Judge

Le Grange

The High Court refused a stay of execution pending rescission and granted interim vexatious-litigant relief and security for costs against the applicant.

• Stay Of Execution
• Vexatious Litigation
• Divorce Order Enforcement
• Security For Costs
• Rule 45a
• Vexatious Proceedings Act

Braai Block (Pty) Ltd v National Consumer Commission (NCT-384960-2025-165 - Rule 34)

Braai Block (Pty) Ltd v National Consumer Commission (NCT-384960-2025-165 - Rule 34) [2025] ZANCT 32 (18 June 2025)

Court

National Consumer Tribunal

Case number

NCT-384960-2025-165 - Rule 34

Judge

MC Peenze

The Tribunal refused condonation for Braai Block (Pty) Ltd’s late rescission application, finding the delay excessive, unexplained, and lacking prospects of success.

• Condonation
• Rescission Of Order
• Late Filing
• Tribunal Rules
• Prospects Of Success
• Rescission

Minister of Police v Dladla and Others (2318/2023)

Minister of Police v Dladla and Others (2318/2023) [2025] ZAMPMBHC 45 (30 May 2025)

Court

Mbombela High Court, Mpumalanga

Case number

2318/2023

Judge

M Moleleki

The High Court dismissed the Minister of Police’s bid to rescind a taxing master’s allocator, finding due notice, wilful default, and no basis for common-law rescission.

• Taxation Of Costs
• Rescission Of Allocator
• Default Judgment
• Notice Of Taxation
• Judicial Discretion
• Taxation-of-costs

Department Public Works and Roads Northwest Province v Yuze (2025/036061)

Department Public Works and Roads Northwest Province v Yuze (2025/036061) [2025] ZALCJHB 209 (30 May 2025)

Court

Labour Court Johannesburg

Case number

2025/036061

Judge

G Mafa-Chali

The Labour Court granted an urgent stay of execution pending rescission, finding defective service, urgency, and a prima facie case for interim relief.

• Urgent Interdict
• Stay Of Execution
• Rescission Of Judgment
• Service Of Process
• Interim Relief
• Urgent-interdict

Fortune v Wesbank, A Division of Firstrand Bank Ltd and Another (NCT/356687/2024/165)

Fortune v Wesbank, A Division of Firstrand Bank Ltd and Another (NCT/356687/2024/165) [2025] ZANCT 14 (7 April 2025)

Court

National Consumer Tribunal

Case number

NCT/356687/2024/165

Judges

S Hockey, C Sassman, P Manzi-Ntshingila

The Tribunal varied a consent order under section 165 of the National Credit Act, replacing an erroneous acceptance letter with an amended one from Wesbank.

• National Credit Act
• Debt Review
• Variation Of Order
• Consent Order
• Rescission
• Payment Arrangement Error

Appollis and Another and Breede Valley Municipality and Others (09986/2025)

Appollis and Another and Breede Valley Municipality and Others (09986/2025) [2025] ZAWCHC 138 (24 March 2025)

Court

Western Cape High Court, Cape Town

Case number

09986/2025

Judge

Slingers

The court dismissed a rescission counterapplication, found the municipality failed to protect alternative accommodation land, and ordered it to provide suitable vacant land within 30 days.

• Prevention Of Illegal Eviction Act
• Extension Of Security Of Tenure Act
• Municipal Obligations
• Urgent Interdict
• Rescission Of Order
• Constitutional Right To Housing

Standard Bank of South Africa Limited v Moloisane (2019/38095)

Standard Bank of South Africa Limited v Moloisane (2019/38095) [2025] ZAGPJHC 203 (5 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2019/38095

Judge

S D J Wilson

The High Court dismissed Standard Bank’s Rule 30 strike-out application, holding that no prejudice was shown from the missing notice of motion in the respondent’s lay-drafted stay and rescission application.

• Irregular Proceedings
• Notice Of Motion Requirements
• Lay Litigant Treatment
• Stay Of Execution
• Rescission Of Judgment
• Rule-30

Empact Group (Pty) Ltd v Moni N.O and Others (JR1899/2020)

Empact Group (Pty) Ltd v Moni N.O and Others (JR1899/2020) [2025] ZALCJHB 76 (24 February 2025)

Court

Labour Court Johannesburg

Case number

JR1899/2020

Judge

R Itzkin

The Labour Court dismissed Empact Group’s leave to appeal application, finding no reasonable prospects of success and rejecting the challenge based on CCMA email service.

• Rescission Of Award
• Service Of Process
• Ccma Rules
• Leave To Appeal
• Review Of Arbitration
• Leave-to-appeal