South Africa Case Law

Fanang Diatla Business Enterprise & Construction CC and Another v Makatsuka Civils and Construction CC (9978/2023)

Fanang Diatla Business Enterprise & Construction CC and Another v Makatsuka Civils and Construction CC (9978/2023) [2025] ZALMPPHC 112 (9 June 2025)

Court

Limpopo High Court, Polokwane

Case number

9978/2023

Judge

Bresler

The High Court held an urgent rescission application was properly enrolled and set aside a default judgment after finding a Notice to Oppose should have been disclosed.

• Rescission Of Judgment
• Default Judgment
• Urgent Application
• Rule 6 12
• Costs Order
• Rescission-of-judgment

Computaasist (Pty) Ltd and Others v Coetzee and Others (2024-138494)

Computaasist (Pty) Ltd and Others v Coetzee and Others (2024-138494) [2025] ZAGPPHC 126 (6 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024-138494

Judge

Yende

The court found that the applicants failed to establish objective urgency as required by Rule 6(12) of the Uniform Rules of Court. The urgency alleged was self-created and subjectively perceived, as the applicants did not pursue interim relief when the matter was first enrolled and allowed postponement without seeking urgent intervention. The court emphasized that the sanctity of the urgent court must be preserved for genuinely urgent matters and that legal certainty requires consistent application of procedural rules. As the applicants could obtain substantial redress at a hearing in due cou…

Source excerpt

• Urgent Application
• Rule 6 12
• Self Created Urgency
• Costs Order

Tsengwa v Exxaro Resources Limited (2024/148733)

Tsengwa v Exxaro Resources Limited (2024/148733) [2025] ZAGPPHC 82 (3 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024/148733

Judge

MP Kumalo

The High Court struck an urgent application from the roll, finding the applicant failed to show urgency, the delay was unexplained, and no personal harm was made out.

• Urgent Application
• Precautionary Suspension
• Board Resolution Challenge
• Substantial Redress
• Rule 6 12
• Urgent-application

Letlojane v Ratlou Local Municipality and Others (6451/24)

Letlojane v Ratlou Local Municipality and Others (6451/24) [2025] ZANWHC 21 (3 February 2025)

Court

North West High Court, Mafikeng

Case number

6451/24

Judge

A Reddy

The court found that the applicant failed to establish genuine urgency as required by Rule 6(12). The urgency was self-created because the applicant had a clear alternative remedy: the right to appeal or refer the dispute to the Bargaining Council, CCMA, or an accredited agency under the Labour Relations Act. The applicant did not demonstrate that he would not be afforded substantial redress in due course. The court emphasized that the right of access to court is fundamental but must be balanced against the need to follow established procedures. As a result, the application was struck from th…

Source excerpt

• Urgency In Motion Proceedings
• Unlawful Dismissal
• Municipal Governance
• Right Of Appeal
• Rule 6 12
• Substantial Redress

Van Der Linde v Tshwane Metropolitan Municipality and Another (121281/2024)

Van Der Linde v Tshwane Metropolitan Municipality and Another (121281/2024) [2024] ZAGPPHC 1229 (19 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

121281/2024

Judge

Mncube

Urgent application to restore municipal electricity was struck from the roll because the applicant failed to show true urgency under Rule 6(12).

• Urgent Application
• Electricity Supply Disconnection
• Municipal Credit Control
• Notice Requirements
• Rule 6 12
• Party And Party Costs

FBK Financial Services INC v Main Street 1052 (Pty) Ltd t/a Nashua Central and Another (2024/093389)

FBK Financial Services INC v Main Street 1052 (Pty) Ltd t/a Nashua Central and Another (2024/093389) [2024] ZAGPJHC 889 (4 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/093389

Judge

S Mahomed

The High Court granted urgent relief by ordering removal of a hold on the applicant’s bank account pending rescission, and reserved costs.

• Urgent Interdict
• Rule 6 12
• Bank Account Attachment
• Default Judgment
• Rescission Application
• Urgent-interdict

Iconsult Holdings (Pty) Ltd v World Minerals (Pty) Ltd and Another (2024/057086)

Iconsult Holdings (Pty) Ltd v World Minerals (Pty) Ltd and Another (2024/057086) [2024] ZAGPJHC 836 (5 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/057086

Judge

Goedhart AJ

High Court spoliation matter over chrome delivery and storage slots; procedural Rule 30 objections were dismissed and possession restored to the applicant.

• Mandament Van Spolie
• Urgent Interdict
• Restoration Of Possession
• Rule 6 12
• Rule 30 Irregular Proceedings
• Mandament-van-spolie

Mix Media Corporation (Pty) Ltd and Others v Mix 93.8 FM (Pty) Ltd and Others (039266/2024)

Mix Media Corporation (Pty) Ltd and Others v Mix 93.8 FM (Pty) Ltd and Others (039266/2024) [2024] ZAGPJHC 685 (25 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

039266/2024

Judge

Mahalelo

The High Court removed an urgent application from the roll, finding that allegations of spoliation and contractual breach required fuller factual enquiry and were not suitable for urgent hearing.

• Urgency In Motion Proceedings
• Spoliation
• Contractual Breach
• Interim Interdict
• Rule 6 12
• Costs Order

Match Padel Cedar Square (Pty) Ltd v Gauteng Liquor Board (058697/2024)

Match Padel Cedar Square (Pty) Ltd v Gauteng Liquor Board (058697/2024) [2024] ZAGPPHC 702 (16 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

058697/2024

Judge

Kubushi

Urgent application over refusal of a liquor licence struck off the roll because the applicant failed to justify urgency or show lack of substantial redress.

• Urgency In Motion Proceedings
• Restaurant Liquor Licence
• Substantial Redress
• Functus Officio
• Rule 6 12
• Costs Award

Appolus and Others v Naledi Local Municipality and Others (UM199/23)

Appolus and Others v Naledi Local Municipality and Others (UM199/23) [2024] ZANWHC 145 (27 May 2024)

Court

North West High Court, Mafikeng

Case number

UM199/23

Judge

Reddy

The High Court struck an urgent application off the roll for lack of urgency and ordered the applicants to pay costs jointly and severally.

• Urgency In Motion Proceedings
• Rule 6 12
• Costs Orders
• Vexatious Litigation
• Contempt Of Court
• Rule-6-12