South Africa Case Law

Muthaphuli Royal Family and Another v Muthaki Royal Family and Another (1064/2019)

Muthaphuli Royal Family and Another v Muthaki Royal Family and Another (1064/2019) [2025] ZALMPTHC 4 (10 March 2025)

Court

Limpopo High Court, Thohoyandou

Case number

1064/2019

Judge

Semenya

The court held that the order of Makhafola J, granted in 2019, remains binding and enforceable until it is set aside by a competent court sitting as a review or appeal court. Section 165(5) of the Constitution provides that court orders bind all persons and organs of state to whom they apply, regardless of their validity. The applicants' attempt to set aside the previous order in a motion court before a single judge is procedurally incorrect and cannot be granted. The proper process to challenge a court order is through appeal or review, not by direct application in a motion court. As none of…

Source excerpt

• Setting Aside Court Order
• Section 165 Constitution
• Binding Effect Of Judgments

Matsaung and Another v Matsaung and Others - Appeal (HCAA31/2022)

Matsaung and Another v Matsaung and Others - Appeal (HCAA31/2022) [2023] ZALMPPHC 108 (27 October 2023)

Court

Limpopo High Court, Polokwane

Case number

HCAA31/2022

Judges

GC Muller, MS Sikhwari, LM Manzini

The Full Court held the appellants had standing to enforce a prior order by contempt, set aside the dismissal, and remitted the merits for a fresh hearing.

• Locus Standi
• Contempt Of Court
• Enforcement Of Court Orders
• Section 165 Constitution
• Piecemeal Litigation
• Contempt-of-court

T.R.S v U.A.R and Others (2023-019086)

T.R.S v U.A.R and Others (2023-019086) [2023] ZAGPJHC 1225 (27 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023-019086

Judge

S D J Wilson

The court postponed a child relocation dispute, restrained the applicant’s deportation pending final determination, and discharged an earlier interdict.

• Relocation Of Minor Children
• Best Interests Of The Child
• Interim Interdict
• Postponement Of Hearing
• Deportation Restraint
• Section 165 Constitution

Ket Civils CC v Free State Provincial Department of Police, Roads and Transport and Others (5660/2021)

Ket Civils CC v Free State Provincial Department of Police, Roads and Transport and Others (5660/2021) [2022] ZAFSHC 159 (20 June 2022)

Court

Free State High Court, Bloemfontein

Case number

5660/2021

Judge

JP Daffue

The court found that, although the Department and its Acting Head's conduct raised serious concerns regarding their bona fides, the applicant failed to establish contempt of court beyond reasonable doubt. The respondents admitted service and non-compliance with the Molitsoane order but advanced evidence that created reasonable doubt as to wilfulness and mala fides, including ongoing negotiations for orderly termination and reliance on legal advice regarding the suspension of the order. The court applied the Plascon-Evans rule and concluded that the respondents' version was not so far-fetched…

Source excerpt

• Contempt Of Court
• Interim Interdict
• Wilfulness And Bad Faith
• Section 165 Constitution
• Settlement Agreement
• Costs Immunity

Lin and Another v Cathay Pacific Airways Ltd and Another (2014/22434)

Lin and Another v Cathay Pacific Airways Ltd and Another (2014/22434) [2015] ZAGPJHC 245; [2016] 1 All SA 543 (GJ) (14 October 2015)

Court

South Gauteng High Court, Johannesburg

Case number

2014/22434

Judge

Spilg

The court imposed fines for contempt after Cathay Pacific and its airport manager ignored orders to return three minor children to South Africa.

• Civil Contempt Of Court
• Best Interests Of The Child
• Section 165 Constitution
• Habeas Corpus
• Costs Order
• Corporate Liability