South Africa Case Law

Liberty Fighters Network and Another v Standard Bank of South Africa Limited and Others (46591/2021)

Liberty Fighters Network and Another v Standard Bank of South Africa Limited and Others (46591/2021) [2025] ZAGPJHC 535 (29 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

46591/2021

Judge

Van Aswegen

The applicants failed to establish a direct and substantial interest in the subject matter of the proceedings, as required by Rule 12. Their interest arises from their broader campaign against banking practices and advocacy for reform in legal representation, not from any legal right affected by the breach of the loan agreement at issue. The third respondent did not raise any complaint regarding legal representation and chose to conduct her own defence. The constitutional issues raised by the applicants were not properly canvassed in the summary judgment proceedings and were not accompanied b…

Source excerpt

• Intervention Application
• Direct And Substantial Interest
• Legal Representation
• Rule 12 Uniform Rules
• Section 38 Constitution
• Rule 16a Uniform Rules

Gumede and Another v Small Enterprise Development Agency and Another (5670/2023)

Gumede and Another v Small Enterprise Development Agency and Another (5670/2023) [2024] ZAGPPHC 1228 (22 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

5670/2023

Judge

J M Matsemela

The High Court held that the respondents complied with the Public Protector’s remedial action and dismissed the applicants’ claim for constitutional damages and costs.

• Public Protector Remedial Action
• Constitutional Damages
• Delictual Claim
• Appropriate Relief
• Section 38 Constitution
• Compliance With Remedial Action

Cornelissen Incorporated v Nama Khoi Local Municipality (2754/2016)

Cornelissen Incorporated v Nama Khoi Local Municipality (2754/2016) [2023] ZANCHC 28 (15 June 2023)

Court

Northern Cape High Court, Kimberley

Case number

2754/2016

Judge

Lever

The High Court granted leave to amend particulars of claim in an attorney-fees dispute, finding the changes supplemented rather than replaced the existing cause of action.

• Amendment Of Pleadings
• Judicial Discretion
• Prejudice
• Mala Fides
• Cause Of Action
• Section 38 Constitution

Khorommbi Mabuli Incorporated v Road Accident Fund and Others (6683/2021)

Khorommbi Mabuli Incorporated v Road Accident Fund and Others (6683/2021) [2021] ZAGPPHC 652 (17 September 2021)

Court

North Gauteng High Court, Pretoria

Case number

6683/2021

Judge

Tlhapi VV

The High Court dismissed an application for leave to appeal after finding no reasonable prospects of success on standing and authority to bring contempt proceedings.

• Locus Standi
• Section 38 Constitution
• Leave To Appeal
• Costs Order
• Powers Of Attorney
• Leave-to-appeal

Bundu Rocky Wildpark NPC v Kopkrap Beleggings 3 (Pty) Limited (1618/2017)

Bundu Rocky Wildpark NPC v Kopkrap Beleggings 3 (Pty) Limited (1618/2017) [2018] ZAGPPHC 415 (12 June 2018)

Court

North Gauteng High Court, Pretoria

Case number

1618/2017

Judges

MF Legodi, H C Jansen van Rensburg, L D Vukeya

The court found that the appellant, as the representative body managing the affairs of the home owners in the estate, had sufficient nexus to the relief sought and was entitled to bring the mandament van spolie application both in its own capacity and on behalf of its members. The concession by the respondent that the appellant was acting in the interests of its members was decisive. The court held that the issue of locus standi was intertwined with the merits and should not have been decided as a preliminary point. The removal of the water pressure pump affected the collective rights of the…

Source excerpt

• Mandament Van Spolie
• Locus Standi
• Group Representative Action
• Section 38 Constitution

Thompson v President of the Republic of South Africa and Others (59864/2012)

Thompson v President of the Republic of South Africa and Others (59864/2012) [2014] ZAGPPHC 284 (9 May 2014)

Court

North Gauteng High Court, Pretoria

Case number

59864/2012

Judge

Baqwa

The court granted joinder of the Transport Pension Fund, allowed supplementation of papers, and reserved costs in a pension-related High Court application.

• Joinder Of Parties
• Class Action
• Uniform Rule 10
• Section 38 Constitution
• Joinder-of-parties
• Pension-law

Society for the Protection of our Constitution v Jamiatul Ulama Transvaal and Others (13095/2011)

Society for the Protection of our Constitution v Jamiatul Ulama Transvaal and Others (13095/2011) [2011] ZAGPJHC 85 (1 June 2011)

Court

South Gauteng High Court, Johannesburg

Case number

13095/2011

Judge

C. J. Claassen

The court found that the applicant is neither a member nor an overseeing body of the voluntary associations whose internal resolution is challenged. The applicant failed to allege any violation of its own constitutional rights and did not demonstrate a direct and substantial interest in the matter. Section 38 of the Constitution does not apply where the applicant's rights are not affected. The dispute is an internal matter among the associations, and the applicant has no legal standing to intervene. Accordingly, the application was dismissed with costs.

Source excerpt

• Locus Standi
• Internal Affairs Of Voluntary Associations
• Section 38 Constitution