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South Africa decisions
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Joka v Station Commander, Vehicle Identification Unit, Komani and Another (2685/2025) [2025] ZAECMKHC 57 (15 July 2025)
The High Court dismissed an urgent spoliation and interdict application for release of a minibus, finding the police had reasonable grounds to seize it under the CPA.
PTPC (Pty) Limited v City of Tshwane Metropolitan Municipality and Another (117036/2024) [2025] ZAGPPHC 308 (28 March 2025)
The High Court struck an urgent application from the roll for lack of urgency where PTPC sought execution of a spoliation order pending leave to appeal.
Lombard v Fort Hare University and Another (154/2024) [2025] ZAECMKHC 24 (11 March 2025)
The court ordered return of cattle seized by police without satisfying warrantless-search requirements, but also barred the applicant from disposing of them for six months.
Handax Machinery (Pty) Ltd v Nala Municipality and Another (570/2024) [2025] ZAFSHC 81 (7 March 2025)
The court found that Handax Machinery (Pty) Ltd failed to meet the statutory threshold for leave to appeal under section 17(1)(a) of the Superior Courts Act. The grounds advanced did not demonstrate a reasonable prospect of success, nor was there any compelling reason for the appeal to be heard. The spoliation order was based solely on possession and wrongful deprivation, not on contractual rights or ownership, and the factual and legal arguments raised by Handax were unmeritorious. The notice of application for leave to appeal was defective, but the court condoned the defects in the interest…
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FSA Transport (Pty) Ltd v Station Commander Cape Town Central Vehicle Crime Investigation Unit South African Police Services and Another (13412/24) [2024] ZAWCHC 285 (26 September 2024)
The court found that the applicant failed to demonstrate exceptional circumstances warranting enforcement of the order pending appeal. The factual matrix differed from Ngqukumba, as the core issue was whether the police acted unlawfully in seizing the truck, which remains unresolved in the pending petition. The applicant did not establish irreparable harm on a balance of probabilities. Even if relief were granted, the police would have an automatic right of appeal under section 18(4) of the Superior Courts Act, resulting in suspension of the order. The application was therefore dismissed.
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Tsepitsi v Sebolai (M310/2023) [2024] ZANWHC 218 (27 August 2024)
The court found that the applicant was the owner and in peaceful, undisturbed possession of the farm. The respondent's erection of the tombstone was done without the applicant's consent and constituted unlawful deprivation of possession. The respondent failed to provide evidence that her grandfather was buried on the farm or that she had obtained proper consent. The requirements for a mandament van spolie were met: the applicant was in possession and was unlawfully dispossessed. The respondent's reliance on statutory rights under ESTA did not negate the unlawful nature of her conduct, as she…
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Helta Boerdery (Pty) Ltd and Another v De Vos Landgoed (Pty) Ltd and Another (5778/2023) [2024] ZAFSHC 251 (20 August 2024)
The court dismissed an application for leave to appeal after finding no reasonable prospects of success in a dispute over possession-based interim relief.
Ortias Association (Pty) Ltd v Airports Company South Africa SOC Ltd (2024/060858) [2024] ZAGPJHC 552 (10 June 2024)
The High Court struck an urgent application off the roll, finding the applicant failed to justify extreme urgency after repeated notices to vacate airport premises.
International Pentecost Holiness Church v K J Selala Attorneys (2021/14237) [2024] ZAGPJHC 265 (13 March 2024)
The High Court ordered an attorney to pay de bonis propriis costs after proceeding with a leave to appeal application in the name of a deceased client.
Assmang (Pty) Ltd v Ochre Shimmer Trade and Invest 78 (Pty) Ltd and Others (Leave to Appeal) (1252/2023) [2023] ZANCHC 89 (1 December 2023)
The court found that the first respondent failed to demonstrate reasonable prospects of success on appeal. The grounds of appeal largely repeated arguments already addressed in the main application and written reasons. The evidence did not support the first respondent's claim to lawful possession or consent to access Doornfontein, nor did the minutes or subsequent correspondence establish such consent. The Constitutional Court's decision in Maledu requires exhaustion of the section 54 process before mining rights may be exercised, and the facts did not show that this process was completed. Th…
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