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South Africa decisions
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Maree and Another v Kayinja and Others (2019/28191) [2025] ZAGPJHC 751 (31 July 2025)
The High Court dismissed a rescission application and declared that a voluntary surrender order had sequestrated the Kayiwas’ joint estate.
MC Spares and Rebuilds v Cajee and Another (2025/077478) [2025] ZALCJHB 247 (25 June 2025)
The Labour Court dismissed an urgent application to stay execution of a MIBCO arbitration award pending rescission, finding no locus standi and no prospects of success.
Liphosa v Body Corporate of Philberta Court (2021/55797) [2025] ZAGPJHC 456 (12 May 2025)
The High Court dismissed an application to rescind a provisional sequestration order, finding no case made out for rescission and awarding attorney-client costs.
Supercare Services Group (Pty) Ltd v Nxumalo and Others (D13/2021) [2025] ZALCD 10 (27 March 2025)
The Labour Court dismissed Supercare’s application to revive its review, finding the delay in filing the record excessive, largely unexplained, and not in the interests of justice.
Mining Qualifications Authority v Commission for Conciliation, Mediation and Arbitration and Others (2025/032846) [2025] ZALCJHB 120 (27 March 2025)
The court found that the applicant had established the requirements for an interim interdict. The applicant demonstrated a prima facie right to challenge the CCMA's jurisdiction, as the condonation and rescission rulings were subject to review and the applicant was deprived of an opportunity to be heard. The court accepted that irreparable harm would result if arbitration proceeded before the review was finalised, as a successful review would render the arbitration process and any award nugatory, causing wasted resources and prejudice. The balance of convenience favoured the applicant, as sta…
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Eskom Holding Limited and Another v Netcare Hospitals (Pty) Ltd ta Netcare 911 (2023/054508) [2025] ZAGPJHC 598 (13 February 2025)
The High Court granted a final indulgence to file heads of argument and condonation, but warned that failure would lead to dismissal and attorney-and-client costs.
Road Accident Fund v Yangbonga and Another (2021/9373) [2025] ZAGPJHC 122 (28 January 2025)
The High Court struck the Road Accident Fund’s urgent application off the roll for lack of urgency in a bid to stop a sale in execution.
Road Accident Fund v Muthali Others (6945/2022) [2025] ZAGPJHC 123 (28 January 2025)
The High Court struck an urgent RAF application off the roll with costs after finding that urgency was not established.
Vericred Collections (Pty) Ltd v Moloto and Others (JR892/24) [2024] ZALCJHB 497 (12 December 2024)
The court found that the commissioner committed a reviewable irregularity by refusing the rescission application solely on the basis of alleged proper notice via SMS, without affording the applicant an opportunity to respond to the SMS evidence or considering the applicant’s bona fide defence. The applicant provided a plausible explanation for non-receipt of notice and demonstrated an intention to participate in the CCMA proceedings. The commissioner failed to weigh all relevant factors, including prospects of success, as required by law. On the merits, the court held that the employee’s cond…
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Bosch Uniform Supplies CC v SACTWU obo Marima and Others (J986/2022) [2024] ZALCJHB 420 (4 November 2024)
The Labour Court reviewed and set aside a CCMA award after the commissioner ignored a rescission application and proceeded with the arbitration on the merits.
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