South Africa Case Law

L.N and Another v King Sabata Dalindyebo Municipality and Others (2515/2025)

L.N and Another v King Sabata Dalindyebo Municipality and Others (2515/2025) [2025] ZAECMHC 56 (13 June 2025)

Court

Eastern Cape High Court, Mthatha

Case number

2515/2025

Judge

Zono

The High Court dismissed an urgent challenge to electricity disconnection, holding the applicants lacked standing because they were not parties to the supply contract.

• Privity Of Contract
• Municipal Services
• Electricity Supply Termination
• Standing To Sue
• Promotion Of Administrative Justice Act
• Privity-of-contract

Alexia Kobusch and Others v Wendy Whitehead (515/2023)

Alexia Kobusch and Others v Wendy Whitehead (515/2023) [2025] ZASCA 24; 2025 (3) SA 403 (SCA) (27 March 2025)

Court

Supreme Court of Appeal

Case number

515/2023

Judges

Molefe, Mothle, Unterhalter, Mjali, Mantame

The Supreme Court of Appeal held that a late rule 23(1)(a) notice could not preserve a barred true exception. The exception was dismissed and the appeal upheld.

• Notice Of Bar
• Exception Procedure
• Standing To Sue
• Uniform Rules Of Court
• Costs Award
• Civil-procedure

Virtual Benefit Solutions Tech (Pty) Ltd v Koekemoer and Others (2023/082132)

Virtual Benefit Solutions Tech (Pty) Ltd v Koekemoer and Others (2023/082132) [2023] ZAGPJHC 1065 (22 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023/082132

Judge

S D J Wilson

The High Court dismissed an application to declare contempt and order return of property, finding no clear breach of the earlier order.

• Contempt Of Court
• Ex Parte Orders
• Standing To Sue
• Possession Of Property
• Contractual Dispute
• Contempt-of-court

Naidoo v Hawaan Forest Estate Homeowners Association (AR214/2021)

Naidoo v Hawaan Forest Estate Homeowners Association (AR214/2021) [2023] ZAKZPHC 160 (23 June 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR214/2021

Judges

Lopes, ZP Nkosi

The court found that the respondent’s standing to recover levies was established by evidence showing continuous administration of the estate by the Home Owners’ Association, regardless of the corporate entity. The appellant was aware of and agreed to pay levies, and his defence of set-off was not properly pleaded or proved. The Articles of Association were not a necessary element to establish the claim, as companies routinely sue for debts without producing such documents. The quantum of the claim was supported by evidence. The order for interest at 'prime rate' was unenforceable due to lack…

Source excerpt

• Home Owners Association Liability
• Levy Recovery
• Standing To Sue
• Interest On Debt
• Costs Award

Twala and Another v Kwababa and Others

Twala and Another v Kwababa and Others [2023] ZAGPPHC 175; 60705/2021 (8 March 2023)

Court

North Gauteng High Court, Pretoria

Case number

60705/2021

Judge

Makhoba

The High Court dismissed an application to cancel a municipal property transfer, holding that the applicants lacked standing and had no inheritable rights to the house.

• Municipal Housing Permits
• Leasehold Conversion
• Standing To Sue
• Transfer Of Property
• Succession Rights
• Municipal-housing

Shivanand v Krugkor Franchise (PTY) Ltd and Others (13634/2019)

Shivanand v Krugkor Franchise (PTY) Ltd and Others (13634/2019) [2022] ZAGPJHC 893 (27 October 2022)

Court

South Gauteng High Court, Johannesburg

Case number

13634/2019

Judge

S Yacoob

The High Court dismissed an application for leave to appeal against a liquidation order, holding the appeal would have no practical effect and no exceptional circumstances were shown.

• Leave To Appeal
• Company Liquidation
• Standing To Sue
• Practical Effect Of Appeal
• Superior Courts Act
• Leave-to-appeal

Better Sails Manufacturing (Pty) Ltd v Turner and Others (8984 / 2021)

Better Sails Manufacturing (Pty) Ltd v Turner and Others (8984 / 2021) [2022] ZAWCHC 109 (31 May 2022)

Court

Western Cape High Court, Cape Town

Case number

8984 / 2021

Judge

E D Wille

The High Court dismissed an exception to particulars of claim concerning pure economic loss, wrongfulness, and standing to seek a delinquent-director order.

• Director Liability
• Pure Economic Loss
• Wrongfulness In Delict
• Business Rescue
• Delinquent Director
• Standing To Sue

Maremmana Home Owners' Association v Melnic Wine Solutions CC and Others (16839/2018)

Maremmana Home Owners' Association v Melnic Wine Solutions CC and Others (16839/2018) [2020] ZAWCHC 20 (11 March 2020)

Court

Western Cape High Court, Cape Town

Case number

16839/2018

Judge

Binns-Ward

The High Court held that a homeowners’ association could not enforce subdivision and transfer of land under the sale clauses, and dismissed the application.

• Subdivision Of Agricultural Land Act
• Contract For Benefit Of Third Party
• Stipulatio Alteri
• Municipal Land Use Planning
• Transfer Of Land
• Standing To Sue

Kena Media (Pty) Ltd v City of Johannesburg Metropolitan Municipality, In Re: City of Johannesburg Metropolitan Municipality v Kena Media (Pty) Ltd (3703/2018)

Kena Media (Pty) Ltd v City of Johannesburg Metropolitan Municipality, In Re: City of Johannesburg Metropolitan Municipality v Kena Media (Pty) Ltd (3703/2018) [2019] ZAGPJHC 208 (27 June 2019)

Court

South Gauteng High Court, Johannesburg

Case number

3703/2018

Judge

Goodman

The court partially granted a Rule 35(12) application, ordering production of JC Decaux’s bid and lease agreement, but not the award letter.

• Rule 35 12 Document Production
• Municipal By Laws
• Heritage Site Regulation
• Standing To Sue
• Rule-35-12
• Document-production

Matlala and Others v Platinum Group Metals (RSA) (Pty) Ltd and Another (60/2018)

Matlala and Others v Platinum Group Metals (RSA) (Pty) Ltd and Another (60/2018) [2018] ZALMPPHC 30 (12 July 2018)

Court

Limpopo High Court, Polokwane

Case number

60/2018

Judge

E M Makgoba

The court found that the second and third applicants lacked authority to bring the proceedings, as they were not properly recognised under the Limpopo Traditional Leadership and Institutions Act. The first applicant, although a traditional leader, failed to establish any clear right or authority over the Early Dawn Farm, which is a communal private property held for the benefit of the descendants of the original purchasers, not the Bakone Tribe as a whole. The applicants did not satisfy the requirements for a final interdict, as their rights and authority over the farm are disputed and subjec…

Source excerpt

• Communal Land Rights
• Standing To Sue
• Final Interdict
• Traditional Leadership Recognition