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South Africa decisions
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Mafube Local Municipality v N and C Maintenance and Spares (4669/2017) [2025] ZAFSHC 217 (17 July 2025)
The High Court granted the defendant leave to amend its plea to raise prescription, finding the amendment bona fide and not irremediably prejudicial.
S v Mokhesi and Others (45/2021) [2025] ZAFSHC 183; 2025 (2) SACR 182 (FB) (13 June 2025)
The court held that none of the six questions advanced by the State constituted valid questions of law as required by section 319 of the Criminal Procedure Act. Most were factual in nature or disguised as questions of law. The extradition request for accused 17 was invalid as it was not made by the Minister of Justice and Correctional Services, in line with the Schultz precedent. The State was aware of the Schultz decision prior to the extradition and did not act to correct the request. Furthermore, the State's application was not competent as there was no acquittal, only a finding of lack of…
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Truworths Limited v Peter (CA15/2024) [2025] ZALAC 37 (5 June 2025)
The Labour Appeal Court held that an automatically unfair dismissal claim based on protected disclosure could not be adjudicated without prior conciliation.
S v Mokhesi and 17 Others (45/2021) [2025] ZAFSHC 164 (3 June 2025)
The court found that the extradition of Ms Cholota from the United States of America to South Africa was unlawful because the request for extradition was made by the National Prosecuting Authority and not by the Minister of Justice, as required by law and confirmed by the Supreme Court of Appeal in Schultz. The involvement of the Department of International Relations and Co-ordination was deemed merely administrative and did not satisfy the requirement for executive authority. As a result, the court held that it lacked jurisdiction to try Ms Cholota on the offences charged, and she was ordere…
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K.H.B obo L.B v Road Accident Fund (RAF574/23) [2025] ZANWHC 87 (22 May 2025)
The High Court dismissed the Road Accident Fund’s third special plea because it contradicted an unqualified admission in the plea over that the claim had been lodged.
Johannesburg Water (Soc) Ltd v Dark Fibre Africa (Pty) Ltd (A2023/081149) [2025] ZAGPJHC 459 (14 May 2025)
Johannesburg Water (SOC) Ltd is an organ of state for purposes of the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 because its exclusive function is the provision of water as a basic municipal service, a constitutional function under sections 27(1)(b) and 152(1)(b) of the Constitution. The fact that its powers are derived from legislation and not directly from the Constitution does not exclude it from the Act's definition. The Magistrate erred in dismissing the special plea; section 3 notice was required, and the action must be stayed pending condonation of…
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Shube v Road Accident Fund (2754/2019) [2025] ZAMPMBHC 24 (31 March 2025)
The High Court held that the plaintiff’s RAF claim had prescribed because it was invalid from inception and the required statutory documents were not properly served.
H.G.W v M.W (nee B[...]) (RCC/MOS:84/23; A207/2024) [2025] ZAWCHC 140 (26 March 2025)
The appeal was upheld because the Mossel Bay Regional Court lacked jurisdiction to adjudicate the divorce action. The respondent failed to plead or prove that she or the appellant was domiciled or ordinarily resident within the court's jurisdiction at the time of institution of the action. The regional court erred by inferring jurisdiction from insufficient pleadings and by considering material not forming part of the pleadings or evidence, such as the Family Advocate's report. Jurisdiction in divorce actions must be established by clear allegations and supporting evidence in the pleadings, a…
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Potgieter v Samancor Chrome Limited ta Tubatse Ferrochrome (JA91/22) [2025] ZALAC 15; [2025] 5 BLLR 483 (LAC); (2025) 46 ILJ 1708 (LAC) (10 March 2025)
The Labour Appeal Court held that arrear-wage claims after reinstatement became due on actual reinstatement, and the appellant’s proceedings interrupted prescription.
Resource Africa Trust v Mija (A 225/2024) [2025] ZAWCHC 87; [2025] 2 All SA 867 (WCC) (7 March 2025)
The court held that the respondent's claim for unpaid wages was a distinct contractual claim, separate from the unfair dismissal dispute referred to the CCMA. Prescription for the unpaid wages claim began to run on 12 July 2016, when the employment relationship ended. The referral to the CCMA interrupted prescription only for the unfair dismissal claim, not for the contractual claim for unpaid wages. The respondent abandoned the CCMA process in December 2016 and only served summons for unpaid wages on 26 August 2019, more than three years after the cause of action arose. Therefore, the claim…
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