South Africa Case Law

Tshabalala and Others v Maluti-a-Phofung Local Municipality and Others (J928/2022; J1053/22; J1051/22; J1192/22)

Tshabalala and Others v Maluti-a-Phofung Local Municipality and Others (J928/2022; J1053/22; J1051/22; J1192/22) [2025] ZALCJHB 181 (14 May 2025)

Court

Labour Court Johannesburg

Case number

J928/2022; J1053/22; J1051/22; J1192/22

Judge

Tlhotlhalemaje

Consolidated contempt applications over municipal salary and post-level disputes were dismissed after the Labour Court found the rule nisi had lapsed and compliance had occurred.

• Contempt Of Court
• Settlement Agreement Enforcement
• Arbitration Award Compliance
• Rule Nisi Lapse
• Money Judgment Enforcement
• Contempt-of-court

South African Legal Practice Council v Motholo and Another (37828/22)

South African Legal Practice Council v Motholo and Another (37828/22) [2024] ZAGPPHC 167 (20 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

37828/22

Judge

N V Khumalo

The High Court dismissed an application to revive a lapsed rule nisi, holding that Rule 27(4) did not apply because the matter was not enrolled on the return date.

• Rule Nisi Lapse
• Revival Of Interim Orders
• Trust Account Misappropriation
• Fidelity Fund Certificate
• Court Directives Non Compliance
• Rule-nisi

Murray NO v Ramphele (25067/2020)

Murray NO v Ramphele (25067/2020) [2021] ZAGPPHC 615 (27 September 2021)

Court

North Gauteng High Court, Pretoria

Case number

25067/2020

Judge

Sawma

The court found that the provisional order of sequestration did not lapse merely because the matter was heard two days after the return date. The opposed motion roll operates as a continuous judicial process, and the matter was properly enrolled and before the court on the return date, merely standing down to the allocated hearing date. Even if the rule nisi had technically lapsed, the court exercised its discretion to revive it, as the matter remained res integra and there was no fault on the part of the applicant. On the constitutional argument, the court held that the respondent failed to…

Source excerpt

• Final Sequestration
• Rule Nisi Lapse
• Judicial Discretion
• Act Of Insolvency
• Constitutional Limitation