South Africa Case Law

Lifestyle Hospitality CC v Vesperdene Mews Body Corporate (3644/22)

Lifestyle Hospitality CC v Vesperdene Mews Body Corporate (3644/22) [2025] ZAWCHC 332 (5 August 2025)

Court

Western Cape High Court, Cape Town

Case number

3644/22

Judge

Bosch

The court found that the issues raised by the special pleas of prescription and settlement are not sufficiently discrete from the merits of the main action. There is a substantial risk of overlapping evidence, duplication, and potential delays, especially given the ongoing nature of the alleged nuisance and the possibility of appeals. The evidence required for the special pleas would likely be relevant to the merits, and separating them would not result in significant savings of time or costs. The court exercised its discretion to refuse the separation, concluding that it would not be conveni…

Source excerpt

• Separation Of Issues
• Rule 33 4
• Prescription
• Settlement Agreement
• Standing
• Nuisance

Gordon v Dickson and Others (2023/022277)

Gordon v Dickson and Others (2023/022277) [2025] ZAGPJHC 505 (26 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/022277

Judge

Dlamini

The High Court dismissed a Rule 33(4) separation application but granted discovery, holding the valuation issues were not suitably separable from the main claim.

• Discovery Application
• Separation Of Issues
• Settlement Agreement
• Share Valuation
• Rule 33 4
• Rule 35

Lambrakis v Minister of Police and Others (6109/21)

Lambrakis v Minister of Police and Others (6109/21) [2024] ZAGPJHC 1070 (21 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

6109/21

Judge

PH Malungana

The court ordered that the trial proceed only on the merits and postponed quantum sine die, finding that separating the issues would not be convenient or in the interests of justice.

• Separation Of Issues
• Rule 33 4
• Unlawful Arrest
• Unlawful Detention
• Separation-of-issues
• Rule-33-4

M.V v E.V (nee VS) (20263/23)

M.V v E.V (nee VS) (20263/23) [2023] ZAWCHC 330 (14 December 2023)

Court

Western Cape High Court, Cape Town

Case number

20263/23

Judge

Thulare

Urgent application to separate the divorce decree from maintenance and redistribution issues was dismissed because the issues were intertwined and urgency was not proved.

• Separation Of Issues
• Rule 33 4
• Spousal Maintenance
• Redistribution Order
• Urgent Relief
• Separation-of-issues

M.M v MEC for Education, Mpumalanga Province (A11/2023)

M.M v MEC for Education, Mpumalanga Province (A11/2023) [2023] ZAMPMBHC 68 (17 November 2023)

Court

Mbombela High Court, Mpumalanga

Case number

A11/2023

Judges

Greyling-Coetzer, TV Ratshibvumo, JH Roelofse

Appeal dismissed in a school stabbing compensation claim. The court held the appellant proved neither a detectable psychiatric injury nor a basis to disturb the liability finding.

• Emotional Shock Claims
• Separation Of Issues
• Negligence
• Psychiatric Injury Requirement
• Rule 33 4
• Duty Of Care

Smith N.O and Another v Malan N.O and Another (4222.2022)

Smith N.O and Another v Malan N.O and Another (4222.2022) [2023] ZAFSHC 158 (28 April 2023)

Court

Free State High Court, Bloemfontein

Case number

4222/2022

Judge

Ramdeyal

The High Court dismissed an attempt to separate issues under Rule 33(4), holding the rule applies to actions, not applications, and ordered costs against the first respondent.

• Separation Of Issues
• Rule 33 4
• Costs Award
• Punitive Costs
• Mootness
• Civil-procedure

Gometis (PTY) Ltd v Fountainhead Property Trust and Others (2021/16959)

Gometis (PTY) Ltd v Fountainhead Property Trust and Others (2021/16959) [2022] ZAGPJHC 487 (27 July 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2021/16959

Judge

EF Dippenaar

The High Court dismissed an application to separate an arbitration-review issue under Rule 33(4), holding the matter was not suited to piecemeal determination.

• Separation Of Issues
• Rule 33 4
• Arbitration Review
• Gross Irregularity
• Separation-of-issues
• Rule-33-4

Penguin Random House South Africa (Pty) Limited and Another v Nexor 312 (Pty) Limited and Another (D3159/2019)

Penguin Random House South Africa (Pty) Limited and Another v Nexor 312 (Pty) Limited and Another (D3159/2019) [2022] ZAKZDHC 10 (28 February 2022)

Court

Kwazulu-Natal High Court, Durban

Case number

D3159/2019

Judge

Lopes

The High Court refused to separate a defamation issue from the rest of the trial, finding the proposed split would not be convenient and would duplicate evidence.

• Separation Of Issues
• Defamation
• Rule 33 4
• Damages
• Pleadings
• Media Law

Axton Matrix Construction CC v Roads Agency SOC Limited and Another (HCAA 05/2021)

Axton Matrix Construction CC v Roads Agency SOC Limited and Another (HCAA 05/2021) [2022] ZALMPPHC 5 (18 January 2022)

Court

Limpopo High Court, Polokwane

Case number

HCAA 05/2021

Judges

Semenya M V, G C Muller, M F Kganyago

The court held that the order refusing separation of issues under Rule 33(4) was appealable, as the court a quo had decided the merits of the special pleas and denied the appellant the opportunity to present further evidence. However, the court found that the facts and claims between the parties, including contractual and delictual claims, were interwoven and could not be conveniently separated. The determination of the special pleas would not dispose of the entire dispute, as the delictual claim would remain. The overriding consideration is the convenience, appropriateness, and fairness to a…

Source excerpt

• Separation Of Issues
• Special Plea Time Bar
• Waiver Pactum De Non Petendo
• Construction Contracts
• Rule 33 4
• Delictual Claims

Fourie v Campbell N.O and Others (879/2019)

Fourie v Campbell N.O and Others (879/2019) [2021] ZAFSHC 23 (10 February 2021)

Court

Free State High Court, Bloemfontein

Case number

879/2019

Judge

Van Zyl

High Court decision on separating issues under Rule 33(4): locus standi was separated, prescription was not, and costs were awarded against the first and second respondents.

• Separation Of Issues
• Rule 33 4
• Locus Standi
• Prescription
• Costs Order
• Separation-of-issues