South Africa Case Law

Walters v Buffalo City Metropolitan Municipality and Another (EL516/2025)

Walters v Buffalo City Metropolitan Municipality and Another (EL516/2025) [2025] ZAECELLC 11 (10 June 2025)

Court

Eastern Cape High Court, East London Local Court

Case number

EL516/2025

Judge

Zono

The court found that there was a real and bona fide dispute of fact regarding whether proper pre-termination notice was served on the applicant. The respondents provided evidence that notices were served in accordance with statutory requirements, either on a person over sixteen years old at the premises or affixed at a conspicuous place. The applicant's denial of service and challenge to the service provider's authority did not amount to grounds for rejecting the respondents' version on the papers. The appointment of the service provider was supported by documentary evidence and was not chall…

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• Municipal Services
• Electricity Supply Termination
• Service Of Notice
• Interim Relief
• Motion Proceedings

Capricorn Farms CC v Levinson and Others (32219/2018)

Capricorn Farms CC v Levinson and Others (32219/2018) [2024] ZAGPJHC 1074 (19 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

32219/2018

Judge

Cajee

High Court leave-to-appeal ruling in an eviction matter under PIE, granted after the court held there were reasonable prospects another court may reach a different result.

• Prevention Of Illegal Eviction Act
• Eviction Procedure
• Service Of Notice
• Judicial Discretion
• Unlawful Occupation
• Prevention-of-illegal-eviction-act

Rustenburg Platinum Mines Limited v Unlawful Occupiers ERF 9[...] Boitekong Extension 3 Rustenburg North West and Others (M130/2022)

Rustenburg Platinum Mines Limited v Unlawful Occupiers ERF 9[...] Boitekong Extension 3 Rustenburg North West and Others (M130/2022) [2024] ZANWHC 227 (9 September 2024)

Court

North West High Court, Mafikeng

Case number

M130/2022

Judge

FMM Reid

The court found that the applicant complied with the procedural requirements of section 4 of the PIE Act, including proper service of notices. The deponent to the founding affidavit was authorised by virtue of his position and personal knowledge. The respondents' occupation was unlawful, as no consent was given by the applicant. While the respondents are vulnerable and have invested in restoring the properties, their occupation does not confer a legal right, and enrichment claims do not justify continued occupation. The applicant's need to house its employees and the deprivation of its proper…

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• Prevention Of Illegal Eviction Act
• Just And Equitable Eviction
• Vulnerable Occupiers
• Authority Of Deponent
• Service Of Notice
• Alternative Accommodation

AFHCO Calgro M3 Consortium (Pty) Limited v Maphanga and Another (22-13020)

AFHCO Calgro M3 Consortium (Pty) Limited v Maphanga and Another (22-13020) [2024] ZAGPJHC 229 (4 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

22/13020

Judge

Ingrid Opperman

The court found that the lease agreement was validly cancelled after the First Respondent failed to remedy his breach following written notice delivered by hand at the chosen domicilium. The lease agreement, when interpreted in a business-like manner, does not require exclusive service by post, and hand delivery at the agreed address is sufficient. The First Respondent's defence of withholding rental due to alleged non-performance is expressly precluded by the lease terms. The court considered the personal circumstances of the First Respondent and found that he had sufficient time and means t…

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• Eviction
• Lease Agreement Breach
• Domicilium Citandi Et Executandi
• Service Of Notice
• Just And Equitable Eviction

Segodi v MEC for the Mpumalanga Department of Health (1779/2020)

Segodi v MEC for the Mpumalanga Department of Health (1779/2020) [2023] ZAMPMBHC 66 (28 December 2023)

Court

Mbombela High Court, Mpumalanga

Case number

1779/2020

Judge

Mashile

The High Court dismissed a condonation application for late statutory notice against the health department, finding the delay inadequately explained and service defective.

• Condonation
• Institution Of Legal Proceedings Against Organs Of State Act
• Late Notice
• Prejudice To Organ Of State
• Prospects Of Success
• Service Of Notice

Mbele v Minister of Police (D2639/2021)

Mbele v Minister of Police (D2639/2021) [2023] ZAKZDHC 62 (31 August 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

D2639/2021

Judge

Chetty

The court held that the plaintiff failed to comply with section 4(1)(a) of the Institution of Legal Proceedings against certain Organs of State Act by not serving notice on the Provincial Commissioner. The statutory requirement is peremptory, and substantial compliance does not suffice where the Act expressly requires service on both the National and Provincial Commissioners. The forwarding of the notice by the National Commissioner does not cure the defect. The plaintiff was alerted to the deficiency by the special plea but chose not to seek condonation. As a result, the plaintiff is barred…

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• Institution Of Legal Proceedings Against Organs Of State Act
• Service Of Notice
• Special Plea
• Condonation
• Compliance With Statutory Requirements

Joseph and Others v Minister of Police and Others (15017/2017)

Joseph and Others v Minister of Police and Others (15017/2017) [2023] ZAGPJHC 488 (17 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

15017/2017

Judge

Molahlehi

The High Court granted leave to appeal against an order dismissing condonation for late notice under section 3(1) of the Act, finding prospects of success.

• Condonation
• Institution Of Legal Proceedings Against State Act
• Leave To Appeal
• Service Of Notice
• Prospects Of Success
• Civil-procedure

Minister of Police v Mtungwa (A21 / 2021)

Minister of Police v Mtungwa (A21 / 2021) [2021] ZAMPMBHC 59 (7 December 2021)

Court

Mbombela High Court, Mpumalanga

Case number

A21 / 2021

Judges

Ratshibvumo, Greyling-Coetzer

The High Court upheld an appeal, finding that statutory notice under the Act had not been properly served on both police commissioners.

• Institution Of Legal Proceedings Against Organs Of State Act
• Special Plea
• Service Of Notice
• Condonation
• Access To Court
• Special-plea

Tetani and Another v Buffalo City Metropolitan Municipality and Another (EL406/2019)

Tetani and Another v Buffalo City Metropolitan Municipality and Another (EL406/2019) [2019] ZAECELLC 31 (14 November 2019)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 406/2019

Judge

SM Mfenyana

The court found that the respondents failed to comply with the Buffalo City Metropolitan Municipality by-laws regarding service of pre-termination notices. The by-laws require service by personal delivery, leaving the notice at the residence, or posting by registered or certified mail with proof of posting. The respondents conceded that they did not serve notice in any of these prescribed manners. The court rejected the argument that mere receipt of notice sufficed, holding that strict compliance with the by-laws is necessary to ensure procedural fairness and prevent arbitrary deprivation of…

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• Municipal By Laws
• Electricity Supply Termination
• Procedural Fairness
• Service Of Notice
• Urgent Interdict
• Costs Order

Trading CC v Sewpersadh and Another (AR12/2017)

Trading CC v Sewpersadh and Another (AR12/2017) [2017] ZAKZPHC 53 (1 December 2017)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 12/2017

Judges

Gorven, Van Zÿl, Chili

The court held that contractual notice served at a nominated domicilium was valid, even if unoccupied, and upheld cancellation of the property sale.

• Contract Cancellation
• Service Of Notice
• Domicilium Citandi Et Executandi
• Specific Performance
• Breach Of Contract
• Contract-cancellation