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South Africa decisions
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Road Accident Fund v Neethling and Another (6101/2019) [2025] ZAWCHC 242 (5 June 2025)
The High Court dismissed the RAF’s urgent application to stay execution of a writ, holding that appeals in other matters did not affect this judgment.
Khoza v Greater Kokstad Municipality and Another (15408/2024P) [2024] ZAKZPHC 84 (30 August 2024)
The court found that the applicant was not charged with financial misconduct but with other serious misconduct under the Disciplinary Regulations. The Molala decision was not binding, as the facts differed and stare decisis does not apply across divisions unless the earlier decision is clearly wrong. The disciplinary process was regular, and the applicant's remedy lies in the Labour Court or Bargaining Council, not the High Court. Intervention in uncompleted disciplinary proceedings is only justified in exceptional circumstances, which were not present. The application for interim relief was…
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S v Chivabo (HC 14/2024) [2024] ZANWHC 156 (27 June 2024)
The High Court found that the proceedings in the magistrates' court were not in accordance with justice due to gross irregularities, including the absence of a proper record, two different sentences for the same conviction, and a failure to comply with binding precedent regarding deportation orders. The lack of contemporaneous notes or digital recording violated section 76(3)(a) of the Criminal Procedure Act, rendering the proceedings irregular. The correction of sentence did not comply with section 298 of the CPA, as it was not clear that the initial sentence was imposed by mistake. The magi…
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Kufanikiwa Consulting (Pty) Ltd and Others v Member of the Executive Council for the Department of Transport, KwaZulu-Natal Province and Another (15659/2023P) [2024] ZAKZPHC 24 (22 March 2024)
The High Court held that cancelling a late-stage tender was administrative action reviewable under PAJA and, applying stare decisis, ordered the Department to implement the bid awards.
Tshepo v S (CAF 07/2022) [2024] ZANWHC 34 (15 February 2024)
The Full Court held that the appellant failed to follow the correct procedure by not first seeking leave to appeal from the court a quo after his bail application was dismissed. The Superior Courts Act 10 of 2013 clearly requires that leave to appeal must be obtained before an appeal against the refusal of bail by the High Court can be entertained by the Full Court. The precedent set in S v Banger is binding and was not followed in the previous Full Court judgment relied upon by the appellant. As a result, the Full Court lacked jurisdiction to hear the appeal, and the matter was struck from t…
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Sithole and Another v Director of Public Prosecutions and Others (3239/2021) [2023] ZAFSHC 356 (7 September 2023)
The High Court dismissed a review of a magistrate’s decision to transfer a criminal matter to the High Court, holding that the prior order did not bar the fresh process.
Masiteng v Minister of Police (A139/2022) [2023] ZAFSHC 175 (12 May 2023)
Appeal against a R30,000 award for unlawful arrest and 42 hours’ detention was dismissed; the High Court found no basis to interfere with the quantum.
Els v Road Accident Fund (1554/2021) [2023] ZAECMKHC 58 (9 May 2023)
The court held that the plaintiff is entitled to reimbursement for past medical expenses, including those paid by her medical aid. The defendant's argument that the plaintiff did not suffer pecuniary loss for expenses covered by her medical aid was rejected, as the medical aid's payments do not relieve the defendant of its obligation to compensate the plaintiff. The principle of subrogation applies, and by paying the sum to the plaintiff, the defendant discharges its liability to the medical aid. The court followed the reasoning in Morne van Heerden v Road Accident Fund and found no prejudice…
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Special Investigating Unit v Raymond Mhlaba Local Municipality and Others; Special Investigating Unit v Mbashe Local Municipality and Others (EC/01/2020; EC/03/2020) [2022] ZAST 27 (6 December 2022)
The Special Tribunal ruled that it has jurisdiction to hear the SIU’s review claims and dismissed three special pleas by Kwane Capital with costs.
Doornhoek Equestrian Estate Home Owners Association v Community Schemes Ombud Service and Others (32190/21) [2022] ZAGPPHC 153 (8 March 2022)
The High Court set aside a late-filed Notice of Appeal and record as an irregular step under Rule 30, finding the respondents had been prejudiced.
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