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South Africa Case Law

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Civil Procedure [2024] ZAFSHC 259

Parker Beusekom Partnership v Smith (A159/2023)

Parker Beusekom Partnership v Smith (A159/2023) [2024] ZAFSHC 259 (30 August 2024)

The court allowed further evidence on appeal, found the appeal moot after the respondent returned to South Africa, and dismissed the appeal with costs.

  • Security For Costs
  • Mootness
  • Adducing Further Evidence On Appeal
  • Peregrinus
  • Superior Courts Act
  • Rule 47 Procedure
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Civil Procedure [2024] ZAGPJHC 360

Standard Bank of South Africa Limited v Maloka (19942-2021)

Standard Bank of South Africa Limited v Maloka (19942-2021) [2024] ZAGPJHC 360 (12 April 2024)

The court found that Standard Bank established its entitlement to security for costs. Mr Maloka's litigation history demonstrated a pattern of vexatious and unsustainable claims, disregard for procedural rules, and repeated institution of proceedings based on the same factual matrix despite prior adverse rulings and explicit court orders staying further litigation. The court held that the main application was unsustainable on a preponderance of probabilities, and that Mr Maloka's conduct amounted to an abuse of process. The procedural requirements of Rule 47 were satisfied, and the amount of…

  • Security For Costs
  • Rule 47 Procedure
  • Vexatious Litigation
  • Abuse Of Process
  • Constitutional Right Of Access To Court
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.