South Africa Case Law

Phelelo and Others v Kgetlengrivier Local Municipality and Others (6521/24)

Phelelo and Others v Kgetlengrivier Local Municipality and Others (6521/24) [2025] ZANWHC 66 (2 April 2025)

Court

North West High Court, Mafikeng

Case number

6521/24

Judge

Mfenyana

The court found that the applicants failed to establish urgency as required by Rule 6(12)(b). The founding papers did not set out explicit circumstances or reasons why substantial redress could not be obtained in due course. The applicants delayed approaching the court despite being aware of the sewerage spillages for months, and their conduct amounted to self-created urgency. The relief sought was incoherent, conflating interim and final relief, and prejudicial to the respondents. The application was struck off the roll for want of urgency, and costs were awarded against the applicants on a…

Source excerpt

• Urgent Interdict
• Municipal Duties
• Environmental Contamination
• Rule 6 12 Procedure

Iteco (Pty) Ltd v Hartsenberg (122761/2023)

Iteco (Pty) Ltd v Hartsenberg (122761/2023) [2024] ZAGPPHC 899 (2 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

122761/2023

Judge

Khwinana ENB

The High Court granted urgent interim relief compelling access to the Cipher system and restrained interference, finding the matter urgent under Rule 6(12).

• Urgent Interdict
• Rule 6 12 Procedure
• Software Access Dispute
• Interim Relief
• Contractual Obligations
• Urgent-interdict

Mbuyisa v Head of Department: Free State Department of Social Development and Others (3243/2024)

Mbuyisa v Head of Department: Free State Department of Social Development and Others (3243/2024) [2024] ZAFSHC 199 (25 June 2024)

Court

Free State High Court, Bloemfontein

Case number

3243/2024

Judge

Majosi, AJ

The court struck an urgent application off the roll, finding the applicant failed to show sufficient urgency under Rule 6(12)(b).

• Precautionary Suspension
• Urgency In Interdicts
• Jurisdiction Of High Court
• Rule 6 12 Procedure
• Abuse Of Power
• Urgent-applications

Observatory Civic Association v Aufrichtig N.O. and Others (14195/2022)

Observatory Civic Association v Aufrichtig N.O. and Others (14195/2022) [2022] ZAWCHC 189 (20 September 2022)

Court

Western Cape High Court, Cape Town

Case number

14195/2022

Judge

M J Dolamo

The High Court struck an urgent application for an interim interdict off the roll for lack of urgency and granted leave to intervene to the Goringhaicona Khoi Khoin Indigenous Traditional Council.

• Interim Interdict
• Urgency
• Contempt Of Court
• Interpretation Of Court Orders
• Rule 6 12 Procedure
• Interim-interdict