South Africa Case Law

Mafuyeka and Another v Standard Bank of South Africa (3835/18)

Mafuyeka and Another v Standard Bank of South Africa (3835/18) [2025] ZAMPMHC 35 (17 July 2025)

Court

Middelburg High Court, Mpumalanga

Case number

3835/18

Judge

Leso

The applicants failed to identify the specific rule under which their rescission application was brought, but the pleadings and submissions were consistent with Rule 31(2)(b). The explanation for default was unsupported by documentary or confirmatory evidence and was found to lack credibility. The applicants were personally served and chose not to participate, amounting to wilful default. No bona fide defence was established, as the alleged payment arrangement was unsubstantiated and the applicants acknowledged their indebtedness. The requirements for rescission under Rule 31(2)(b) were not m…

Source excerpt

• Rescission Of Default Judgment
• Uniform Rules Of Court Rule 31
• Uniform Rules Of Court Rule 42
• Mortgage Bond Enforcement
• Wilful Default

Briedenhann v Nordien N.O (Appeal) (2115/2021)

Briedenhann v Nordien N.O (Appeal) (2115/2021) [2025] ZANCHC 52 (6 June 2025)

Court

Northern Cape High Court, Kimberley

Case number

2115/2021

Judges

Nxumalo, Stanton, Olivier

The appeal succeeded because the court a quo applied too strict a test in assessing whether the appellant had shown good cause for rescission. The court a quo improperly weighed the merits and made credibility findings at the rescission stage, rather than determining whether the appellant's defence, if established at trial, would entitle him to relief. The appellant's partial payment defence, supported by documentary evidence of livestock delivery, was sufficient to constitute a bona fide defence. The correct test, as set out in Grant v Plumbers, requires only that the defendant set out averm…

Source excerpt

• Rescission Of Default Judgment
• Bona Fide Defence
• Rule 31 Application
• Partial Payment
• Costs Award

Malas (Pty) Ltd v Mossie and Others (15196/21)

Malas (Pty) Ltd v Mossie and Others (15196/21) [2025] ZAGPPHC 570 (5 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

15196/21

Judge

GC Wright

The High Court rescinded a default judgment after finding Malas was not properly served with key papers and had not shown knowledge of the order.

• Rescission Of Default Judgment
• Service Of Process
• Uniform Rules Of Court
• Practice Direction
• Imputation Of Knowledge
• Rescission-of-default-judgment

Kataka v Standard Bank (060093/23)

Kataka v Standard Bank (060093/23) [2025] ZAGPPHC 512 (16 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

060093/23

Judge

N L Moila

The High Court dismissed an application to rescind a default judgment and warrant of delivery, finding the applicant was in wilful default and lacked a bona fide defence.

• Rescission Of Default Judgment
• Service Of Process
• National Credit Act
• Instalment Sale Agreement
• Wilful Default
• Practice Directives

Road Accident Fund v Nibe (76672/2017)

Road Accident Fund v Nibe (76672/2017) [2025] ZAGPPHC 24 (16 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

76672/2017

Judge

T E Joyini

The court found that the applicant was deprived of an opportunity to contest the amendment to the particulars of claim, which increased the amount claimed for loss of earnings substantially. The respondent failed to comply with Rule 28(2) by not giving notice of the amendment, resulting in a procedural irregularity. The applicant provided a reasonable and acceptable explanation for its default, citing the expiration of its panel attorneys' contracts and subsequent lack of representation. The applicant also demonstrated a bona fide defence with prospects of success, as the amendment re-opened…

Source excerpt

• Rescission Of Default Judgment
• Rule 28 Amendment Of Pleadings
• Procedural Fairness
• Undue Delay
• Rule 42
• Litis Contestatio

Somlal v Nedbank Limited and Others (57426/2018)

Somlal v Nedbank Limited and Others (57426/2018) [2024] ZAGPPHC 1363 (31 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

57426/2018

Judge

N P Mali

The High Court rescinded a default judgment and set aside a warrant of execution and sale in execution after finding material non-disclosure and a misleading absence.

• Rescission Of Default Judgment
• Reserve Price Setting
• Sale In Execution
• Municipal Account Disclosure
• In Duplum Rule
• Rescission-of-default-judgment

Minister of Police v Hadebe (1905/2022)

Minister of Police v Hadebe (1905/2022) [2024] ZAMPMBHC 84 (12 November 2024)

Court

Mbombela High Court, Mpumalanga

Case number

1905/2022

Judge

B A Mashile

The High Court dismissed the Minister of Police’s late condonation and rescission application, finding the delay unexplained, the bar unresolved, and the alleged defence unsubstantiated.

• Condonation
• Rescission Of Default Judgment
• Wrongful Arrest
• Unlawful Detention
• Rule 27 Uniform Rules
• Rule 31 Uniform Rules

Vivian and Others v ABSA Bank Ltd and Another (20095/2017)

Vivian and Others v ABSA Bank Ltd and Another (20095/2017) [2024] ZAGPPHC 670 (2 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

20095/2017

Judge

Gwala

The court held that technical errors in the citation of procedural rules should not bar the applicants from joining the proceedings, as they have a direct and substantial interest in the subject matter and a bona fide defence. The applicants were not cited in the main action and were unaware of the litigation, which justifies rescission of the default judgment. The alleged fraudulent transfer of property, if proven, would mean ownership did not pass, and the applicants are entitled to defend their rights. The court emphasized the importance of access to justice and the need to prevent grave i…

Source excerpt

• Joinder Of Parties
• Rescission Of Default Judgment
• Rule 46a Executable Property
• Rei Vindication
• Fraudulent Transfer
• Locus Standi

Wait v Strydom N.O and Others (Leave to Appeal) (389/2022)

Wait v Strydom N.O and Others (Leave to Appeal) (389/2022) [2024] ZAECMKHC 64 (24 May 2024)

Court

Eastern Cape High Court, Makhanda

Case number

389/2022

Judge

Cengani-Mbakaza

Leave to appeal was dismissed because the applicant failed to show a reasonable explanation for default, which the court held was fatal to rescission.

• Rescission Of Default Judgment
• Leave To Appeal
• Bona Fide Defence
• Reasonable Explanation For Default
• Leave-to-appeal
• Rescission-of-default-judgment

De Beer N.O. v Smith N.O. and Others (524/2020)

De Beer N.O. v Smith N.O. and Others (524/2020) [2024] ZAFSHC 132 (9 May 2024)

Court

Free State High Court, Bloemfontein

Case number

524/2020

Judge

Mhlambi

The High Court dismissed an application to rescind a default judgment against an estate and granted Rule 46A relief, including executable status for immovable property.

• Rescission Of Default Judgment
• Rule 46a Execution
• Locus Standi
• Estate Administration
• Condonation Of Execution
• Movable And Immovable Property