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South Africa decisions
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Wilgeheuwel Retirement Village (Pty) Ltd v Volschenk (5904/2024) [2025] ZAWCHC 322 (29 July 2025)
The High Court dismissed a Rule 30 application to strike out allegedly irregular affidavits, finding no real prejudice and that condonation issues belong in the main liquidation matter.
Thabazimbi Local Municipality and Another v ABSA Bank Ltd and Others (8907/2024) [2024] ZALMPPHC 206 (18 December 2024)
The High Court held ABSA Bank and two officials in contempt for wilful non-compliance with prior orders granting municipal account access, and imposed fines, periodic imprisonment, and costs.
South Mead (Pty) (Ltd) t/a Meister Cold Store v Acrow Limited (A357/2023) [2024] ZAGPPHC 1121 (12 November 2024)
The appeal was dismissed on the basis that the decision of the court a quo to set aside the taxation of the bill of costs was not appealable. The decision lacked finality, was not definitive of the rights of the parties, and did not dispose of any portion of the relief claimed in the main proceedings. The appellant retains the right to set the bill of costs down for taxation afresh, and the Taxing Master will reconsider the bill after proper notice. The principles established in Zweni v Minister of Law and Order remain applicable, and the court found no reason to depart from them. Accordingly…
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Doola v First Rand Bank Limited Trading Private Bank and As FNB (13723/2020) [2024] ZAGPJHC 517 (27 May 2024)
The High Court dismissed leave to appeal against an interlocutory order, holding the proposed appeal had no reasonable prospects of success and would only delay the dispute.
Du Toit v Du Toit and Another (46677/2021) [2023] ZAGPPHC 1923 (15 November 2023)
The court set aside a respondent’s rule 30 notice, refused condonation for a late exception, and held the notice of bar was a competent procedural step.
Seeletso and Another v Ntefeng and Others (UM 170/23) [2023] ZANWHC 157 (6 September 2023)
The court dismissed a Rule 30/30A challenge to an urgent application, held those rules can apply in application proceedings, and set deadlines for further affidavits.
Labucon Resources (Pty) Ltd v Nikkel Trading 179 (Pty) Ltd (5518/2021) [2022] ZAGPPHC 781 (20 October 2022)
The court held that a notice of exception is a proper response to a notice of bar and that the contrary view would defeat the purpose of excepting to a pleading. The authorities in this division support the entitlement of a party to except to a pleading alleged to be vague and embarrassing, even after the expiry of the initial period for filing a plea. The court found that the Defendant's notice of exception was not irregular and dismissed the Plaintiff's application under Rule 30(2).
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Dlwathi v Nelson and Another (84107/2017) [2021] ZAGPPHC 810 (25 November 2021)
The High Court dismissed the plaintiff’s procedural applications, granted condonation for a late exception, and stayed the action pending payment of outstanding costs.
Moloi v Minister of Police and Another (2000/2020) [2021] ZAFSHC 100 (22 April 2021)
The High Court dismissed a Rule 30A application by the defendants, finding it procedurally irregular and unsupported, and awarded attorney-and-client costs.
National Director of Public Prosecutions v Phillips and Others, In Re: Phillips and Others v National Director of Public Prosecutions (2000/27885) [2020] ZAGPJHC 99 (18 May 2020)
The court found that although the NDPP failed to deliver the condonation application together with its affidavits as ordered, it remedied the irregularity within the time allowed by the Rule 30(2)(b) notice. Once the cause of complaint was removed, the affidavits could no longer be regarded as irregular. The Phillips parties' application under Rule 30(2)(c) was therefore misconceived, as that subrule only applies when the irregularity is not remedied. The court further held that any prejudice claimed by the Phillips parties could be addressed in the main proceedings regarding costs and liabil…
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