South Africa Case Law

Sekgopo Traditional Council and Another v Chairperson of the Limpop Provincial Committee on Traditional Leadership Disputes and Others (7700/2019)

Sekgopo Traditional Council and Another v Chairperson of the Limpop Provincial Committee on Traditional Leadership Disputes and Others (7700/2019) [2024] ZALMPPHC 20 (6 February 2024)

Court

Limpopo High Court, Polokwane

Case number

7700/2019

Judge

M.G. Phatudi

The court found that the application for reinstatement was not urgent and did not meet the requirements of Rule 6(12) of the Uniform Rules of Court. The founding affidavit was not properly commissioned, rendering the application fatally defective. The applicants failed to provide cogent reasons for urgency or for why substantial redress could not be obtained in due course. Although Rule 41(1)(a) allows for withdrawal and possible reinstatement of proceedings before set down, the procedural defects and lack of urgency in this case precluded reinstatement. The application was struck off the rol…

Source excerpt

• Withdrawal Of Proceedings
• Reinstatement Of Application
• Urgency
• Rule 6 Uniform Rules
• Rule 41 Uniform Rules

Ferret Coal (Kendal) (Pty) Ltd v Sengwane (2595/2018)

Ferret Coal (Kendal) (Pty) Ltd v Sengwane (2595/2018) [2024] ZAMPMHC 9 (23 January 2024)

Court

Middelburg High Court, Mpumalanga

Case number

2595/2018

Judge

Langa

The High Court granted rescission after finding the applicant had a reasonable explanation for default and a bona fide defence, but refused a supplementary affidavit.

• Rescission Of Judgment
• Default Judgment
• Rule 6 Uniform Rules
• Bona Fide Defence
• Rescission-of-judgment
• Default-judgment

Medupe and Others v African National Congress and Others (UM160/2022)

Medupe and Others v African National Congress and Others (UM160/2022) [2023] ZANWHC 63 (23 May 2023)

Court

North West High Court, Mafikeng

Case number

UM160/2022

Judge

J.T. Djaje

The court dismissed a challenge to the ANC North West Provincial Conference, holding the NEC lawfully extended the IPC's term during the COVID-19 disruption.

• Internal Party Governance
• Rule 6 Uniform Rules
• Force Majeure
• Judicial Review
• Anc Constitution
• Costs Order

Ninarich Trading 3 (PTY) Ltd and Another v Myatyana and Others (047559/2022)

Ninarich Trading 3 (PTY) Ltd and Another v Myatyana and Others (047559/2022) [2022] ZAGPJHC 962 (5 December 2022)

Court

South Gauteng High Court, Johannesburg

Case number

047559/2022

Judge

Twala M L

Urgent application struck from the roll for non-compliance with Rule 6 of the Uniform Rules of Court; costs were awarded against the applicants.

• Rule 6 Uniform Rules
• Condonation
• Spoliatory Relief
• Interim Interdict
• Eviction Proceedings
• Civil-procedure

Mapungubwe Game Reserve and Another v Small (7861/2020)

Mapungubwe Game Reserve and Another v Small (7861/2020) [2021] ZALMPPHC 37 (2 February 2021)

Court

Limpopo High Court, Polokwane

Case number

7861/2020

Judge

E M Makgoba

The High Court struck an urgent interdict application off the roll, finding the Applicants had not shown true urgency and the dispute over hunting rights could proceed in due course.

• Urgent Interdict
• Lease Agreement Dispute
• Balance Of Convenience
• Rule 6 Uniform Rules
• Hunting Rights
• Urgent-interdict

Chetty v Chetty and Another (1362/20)

Chetty v Chetty and Another (1362/20) [2020] ZAMPMHC 30 (24 June 2020)

Court

Middelburg High Court, Mpumalanga

Case number

1362/20

Judge

Brauckmann

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

• Urgency In Motion Court
• Rule 6 Uniform Rules
• Spoliation
• National Credit Act
• Costs Order
• Urgency-in-motion-court

Mphethi NO and Another v Mphahlele and Another (88497/2018)

Mphethi NO and Another v Mphahlele and Another (88497/2018) [2019] ZAGPPHC 404 (2 July 2019)

Court

North Gauteng High Court, Pretoria

Case number

88497/2018

Judge

Sardiwalla

High Court contempt and urgent interdict case. The court held that the respondents wilfully disobeyed a prior order and restrained further conduct in the PAC (A) dispute.

• Interim Interdict
• Contempt Of Court
• Wilfulness And Mala Fides
• Balance Of Convenience
• Rule 6 Uniform Rules
• Party Membership Dispute

Maruping and Others v Forum 4 Service Delivery (NFEC) and Others (UM46/2048)

Maruping and Others v Forum 4 Service Delivery (NFEC) and Others (UM46/2048) [2018] ZANWHC 28 (12 April 2018)

Court

North West High Court, Mafikeng

Case number

UM46/2048

Judge

R D Hendricks

The High Court struck an urgent application from the roll, finding the applicants failed to justify urgency and could seek redress in due course.

• Urgency In Motion Proceedings
• Rule 6 Uniform Rules
• Striking From Roll
• Costs Order
• Urgency-in-motion-proceedings
• Rule-6-uniform-rules

Koelman and Others v MEC: Social Services & Population Development, Northern Cape (1025/2005)

Koelman and Others v MEC: Social Services & Population Development, Northern Cape (1025/2005) [2006] ZANCHC 6 (1 February 2006)

Court

Northern Cape High Court, Kimberley

Case number

1025/2005

Judge

Kgomo JP

High Court judgment on multiple social-grant interlocutory applications, holding that the consent orders and party-and-party costs were justified.

• Social Grants
• Costs Award
• Class Action Procedure
• Rule 6 Uniform Rules
• Party And Party Costs
• Social-grants