South Africa Case Law

U'Fezela Security Services (Pty) Ltd t/a Senforce v Zenzile and Another (6008/2022)

U'Fezela Security Services (Pty) Ltd t/a Senforce v Zenzile and Another (6008/2022) [2023] ZAFSHC 209; 2024 (3) SA 608 (FB) (30 May 2023)

Court

Free State High Court, Bloemfontein

Case number

6008/2022

Judges

Mhlambi, Opperman

The High Court reviewed and set aside a Small Claims Court judgment after the commissioner refused to hear documentary evidence, amounting to gross irregularity and unfairness.

• Small Claims Court Review
• Gross Irregularity
• Natural Justice
• Audi Alteram Partem
• Rule 53 Uniform Rules
• Small-claims-court-review

Mafune v LTT Brake and Clutch/The Manager (Rev17/2023)

Mafune v LTT Brake and Clutch/The Manager (Rev17/2023) [2023] ZALMPTHC 4 (17 March 2023)

Court

Limpopo High Court, Thohoyandou

Case number

Rev17/2023

Judge

Kganyago

The court found that the applicant failed to establish reasonable apprehension of bias on the part of the commissioner. The commissioner had previously adjudicated a matter involving the applicant and had ruled in his favour, demonstrating impartiality. The prior criminal matter involving Bergvlei was unrelated to the present dispute, and Bergvlei was not a party to the current proceedings. The applicant did not bring a formal application for recusal, and the commissioner followed proper trial procedures. The applicant's dissatisfaction with the outcome did not constitute grounds for review u…

Source excerpt

• Small Claims Court Review
• Apprehended Bias
• Recusal
• Finality Of Judgments

Barlow v Conradie (3535/2021)

Barlow v Conradie (3535/2021) [2021] ZAFSHC 109 (19 April 2021)

Court

Free State High Court, Bloemfontein

Case number

3535/2021

Judges

C Nekosie, PJ Loubser

The High Court dismissed a review of a Small Claims Court decision after finding no gross irregularity and upholding the commissioner’s assessment of the email evidence.

• Small Claims Court Review
• Gross Irregularity
• Jurisdiction
• Damages Claim
• Small-claims-court-review
• Gross-irregularity

Masina v Nkosi (2334/2017)

Masina v Nkosi (2334/2017) [2020] ZAMPMHC 4 (11 May 2020)

Court

Middelburg High Court, Mpumalanga

Case number

2334/2017

Judges

Brauckmann, Kgoele

The High Court does not have jurisdiction to review a Small Claims Court judgment referred mero motu by the Commissioner or Clerk. The procedure followed in this matter was irregular and did not comply with the audi alteram partem rule, as the interested parties were not properly notified or given an opportunity to participate. The grounds advanced by the applicant for review do not fall within the statutory grounds for review under Section 46 of the Small Claims Court Act. The applicant's remedy lay in applying for rescission of judgment under Section 36 of the Act, not in seeking review. Th…

Source excerpt

• Small Claims Court Review
• Default Judgment
• Rescission Of Judgment
• Audi Alteram Partem
• Jurisdiction Of High Court

Molekwa and Another v Seloba (A285/15)

Molekwa and Another v Seloba (A285/15) [2015] ZAGPPHC 282 (4 May 2015)

Court

North Gauteng High Court, Pretoria

Case number

A285/15

Judges

MSIMEKI, MAVUNDLA

High Court review of a Small Claims Court matter was upheld because the record was inadequate to assess fairness, so the case was sent back for rehearing.

• Small Claims Court Review
• Audi Alteram Partem
• Record Of Proceedings
• Gross Irregularity
• Small-claims-court-review
• Record-of-proceedings

S v Malumane and Another (A92/13)

S v Malumane and Another (A92/13) [2013] ZAGPPHC 38 (7 February 2013)

Court

North Gauteng High Court, Pretoria

Case number

A92/13

Judges

LI Vorster, Makgoba EM

The High Court dismissed a review of a Small Claims Court default judgment, holding that absence due to medical treatment is not a review ground under the Act.

• Small Claims Court Review
• Default Judgment
• Grounds For Review
• Rescission Of Judgment
• Small-claims-court
• Default-judgment