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South Africa Case Law

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Civil Procedure [2024] ZAGPPHC 310

Mynhardt and Another v Deventer and Others (033896/2023)

Mynhardt and Another v Deventer and Others (033896/2023) [2024] ZAGPPHC 310 (3 April 2024)

The High Court dismissed leave to appeal against setting aside an ex parte order, finding no merit in the urgency complaint and fatal non-compliance with Rule 57(3)(b).

  • Ex Parte Orders
  • Rule 6 Urgent Applications
  • Leave To Appeal
  • Rule 57 Non Compliance
  • Leave-to-appeal
  • Ex-parte-orders
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Civil Procedure [2023] ZANWHC 149

Tsentsa Construction (Pty) Ltd v Impala Platinum Mine - Rustenburg (UM 149/23)

Tsentsa Construction (Pty) Ltd v Impala Platinum Mine - Rustenburg (UM 149/23) [2023] ZANWHC 149 (24 August 2023)

The court found that the applicant failed to meet the requirements for urgency under Rule 6(12). The applicant did not provide sufficient reasons why substantial redress could not be afforded at a hearing in due course. The timeline of events indicated that the applicant was slow to act and did not adequately explain the delay or demonstrate irreparable harm that could not be remedied by the normal court process. The grounds advanced for urgency were inadequate, and the application was accordingly struck from the roll. Costs were awarded against the applicant as there was no reason to depart…

  • Rule 6 Urgent Applications
  • Contractual Dispute
  • Substantial Redress
  • Costs Order
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Civil Procedure [2022] ZAGPJHC 1062

Selepe v University of Johannesburg (2022/638)

Selepe v University of Johannesburg (2022/638) [2022] ZAGPJHC 1062 (21 April 2022)

The High Court dismissed an urgent challenge to the University of Johannesburg’s vaccination policy, finding the application was self-created urgency and that internal remedies were not exhausted.

  • Rule 6 Urgent Applications
  • Mandatory Vaccination Policy
  • Internal Remedies Exhaustion
  • Disaster Management Act
  • Unlawful Policy Challenge
  • Rule-6-urgent-applications
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Civil Procedure [2020] ZALMPPHC 96

Mabotwane Security Services CC v Sekhukhune District Municipality and Others (2425/2020)

Mabotwane Security Services CC v Sekhukhune District Municipality and Others (2425/2020) [2020] ZALMPPHC 96 (8 September 2020)

The High Court struck an urgent tender review from the urgent roll, finding the applicant failed to explain delay and had shown self-manufactured urgency.

  • Rule 6 Urgent Applications
  • Tender Review
  • Delay And Self Manufactured Urgency
  • Substantial Redress
  • Constitutional Invalidity
  • Urgent-applications
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Civil Procedure [2013] ZANCHC 10

Du Toit v Du Plessis en Ander (364/2012)

Du Toit v Du Plessis en Ander (364/2012) [2013] ZANCHC 10 (3 May 2013)

The High Court ordered the respondents to pay the wasted costs of 23 March 2012 after they persisted with an expedited hearing without providing requested discovery.

  • Costs Award
  • Postponement Of Proceedings
  • Rule 35 Discovery
  • Rule 6 Urgent Applications
  • Civil-procedure
  • Wasted-costs
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