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South Africa decisions
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Louw v Superdoc One CC (5177/2021) [2025] ZAFSHC 89 (6 March 2025)
The court held that rule 47 does not permit striking out a defence to a counterclaim for failure to furnish security for costs.
Redpath Mining (South Africa) (Pty) Ltd v Siyakhula Sonke Empowerment Corporation (Pty) Ltd and Others (51107/2021) [2024] ZAGPJHC 1216 (20 November 2024)
The High Court dismissed the respondents’ action because they failed to provide an irrevocable R2 million bank guarantee for security for costs within the ordered time.
Engel N.O. and Others v Tax Faculty NPC and Others (037648/23) [2024] ZAGPPHC 940 (20 September 2024)
The court found that the application for security for costs was not fatally delayed, as both parties contributed to the procedural timeline and neither objected to the delay. The Trust conceded its inability to pay adverse costs, but this alone was insufficient to justify security; the court had to be satisfied that the main application was vexatious, reckless, or abusive. Upon considering the nature of the claim, the Trust's financial position, and the statutory requirements for public benefit organisations, the court concluded that the Trust's prospects of success in the main application we…
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Hardisty and Another v Jiyana and Another (22862/2023) [2024] ZAWCHC 228 (29 August 2024)
The respondents have been declared vexatious litigants and continue to institute proceedings without leave, in clear disregard of the Vexatious Proceedings Act and prior court orders. Their repeated litigation on the same cause of action has been unsuccessful in multiple courts, and their arguments regarding the lawfulness of the default judgment and sale in execution have been dismissed by the High Court, Supreme Court of Appeal, and Constitutional Court. The respondents failed to provide any information regarding their financial position, which is relevant to the discretion to order securit…
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Ngobeni and Another v Magolego and Sons Construction (Pty) Ltd (29339/2020) [2024] ZAGPPHC 555 (18 June 2024)
The court dismissed an application to dismiss the main action for failure to furnish security for costs, finding the applicants had not complied with their own obligations.
Single Destination Engineering (Pty) Ltd and Another v Heever N.O and Others (42818/2012) [2023] ZAGPJHC 319 (12 April 2023)
The High Court ordered Australian-resident intervening applicants to provide security for costs in intervention proceedings, and stayed the intervention pending payment.
Braude N.O. and Others v Blackwood-Murray In re: Blackwood-Murray v Braude N.O. and Others (42542/2018) [2022] ZAGPJHC 753 (30 September 2022)
The court found that the respondent had not furnished security for costs as previously agreed, or at least had not provided proof of such payment to the applicants. The evidence presented by the respondent was insufficient to demonstrate compliance with the agreement and Rule 47(5). The application was not moot, and the applicants were entitled to seek an order compelling the respondent to furnish increased security for costs. The respondent's conduct in failing to comply with the previous agreement and in engaging in tactics to stall the prosecution of the case warranted a costs order on the…
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Malomini Strategists (Pty) Ltd and Another v Amanda (A292/2021;49110/2021) [2022] ZAGPPHC 670 (15 September 2022)
The High Court dismissed a Rule 47 application for security for costs pending an appeal from the Companies Tribunal.
Maloka v Liberty Holdings (2021/19942) [2022] ZAGPJHC 499 (2 August 2022)
Leave to appeal was refused in a dispute over a dismissed rule 30 challenge and a granted rule 47 security-for-costs application.
Mukombachoto v Rossiter and Others (27279/2019) [2022] ZAGPPHC 480 (22 June 2022)
The High Court dismissed a Rule 47 security-for-costs application and granted joinder of Geomechanics (Pty) Ltd, finding no proof of vexatious litigation.
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