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South Africa decisions
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Juscar Metale (Pty) Ltd v National Commissioner of Police and Another (2022/060800) [2025] ZAGPJHC 596 (11 June 2025)
The High Court postponed a spoliation matter sine die to allow joinder of the Minister of Police, ordering the applicant to pay the respondents’ wasted costs on scale C.
Chief Land Claims Commissioner Commission on Restitution of Land Rights and Others v Hlomela Land Claims Malamulele Steering Committee and Other (LCC195/2021) [2025] ZALCC 23 (30 May 2025)
The order granted on 29 August 2022 was rescinded because it was erroneously sought and granted in the absence of the applicants, who were deprived of the opportunity to oppose due to defective service. The review application was not served on the applicants' attorney of record as required by the rules, Practice Direction 17, and section 2(2) of the State Liability Act. The applicants provided a reasonable explanation for their absence and demonstrated a bona fide defence, namely that no decision to financially compensate beneficiaries was taken. The court condoned the late filing of the resc…
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Mntupi v Member of the Executive Council for Health, Eastern Cape Province (459/2022) [2025] ZAECBHC 10 (13 May 2025)
The court found that the applicant served the summons and particulars of claim on the office of the State Attorney, East London, within eight days of issue, which was one day outside the statutory seven-day period. The respondent did not allege prejudice arising from this minor delay, and the State Attorney entered an appearance to defend and filed a plea, thereby achieving the statutory purpose of ensuring legal representation for the executive authority. The court held that strict compliance with section 2(2) of the State Liability Act was not required where substantial compliance was achie…
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National Prosecuting Authority v Taku and Others (2025/047062) [2025] ZALCD 14 (10 April 2025)
The court found that urgency was justified due to the attachment of funds essential for witness protection and the prosecution of criminal cases. Applying the Plascon-Evans rule, the respondent's version was accepted in the absence of a replying affidavit. The review application was deemed withdrawn as the applicant failed to file the record within the prescribed period, and thus no review was pending. The writ could not be stayed pending a non-existent review application. The court held that the first respondent followed an incorrect procedure by seeking to enforce the reinstatement award th…
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Port St Johns Taxi Owners Association v MEC for Transport, Safety and Liaison Eastern Cape and Others (2021/2024) [2025] ZAECMHC 37 (13 February 2025)
The High Court dismissed an interdict application over taxi operations on the R61 route, finding no clear exclusive right, non-service on the Minister, and a genuine dispute of fact.
South African Securitisation Programme (RF) Ltd and Others v Adam Masebe Secondary School and Another (2022-025736) [2024] ZAGPPHC 1256 (27 November 2024)
The court found that the plaintiffs had established their entitlement to summary judgment under Rule 32. The rental agreements were validly concluded, the equipment was delivered and accepted, and the school breached its payment obligations. The cessions of rights were properly effected, and the acceleration clauses entitled the plaintiffs to immediate payment of all amounts due. The defendants' procurement defence, based on section 217 of the Constitution and section 38 of the PFMA, was not properly pleaded and did not constitute a bona fide defence. The alleged non-compliance with section 2…
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Z.N obo C.N v Minister of Police (63901/2021) [2024] ZAGPPHC 1245 (22 November 2024)
The court found that the SAPS officer fired warning shots into a crowd during a protest without sufficient justification or imminent threat to life. The officer failed to account for where the bullets landed and did not follow established protocols for the use of force in crowd management. The evidence showed that only SAPS officers were present at the time of the shooting, and the plaintiff's witnesses provided consistent and corroborative testimony. The officer's actions were grossly negligent, reckless, and disproportionate, constituting a breach of the duty of care owed to the community.…
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Nxumalo and Others v Gauteng Department of Sports, Arts, Culture and Recreation and Another (J1584/24) [2024] ZALCJHB 327; (2024) 45 ILJ 2778 (LC) (12 August 2024)
The court found that the Department was in criminal contempt of the certified arbitration award as of 6 March 2024, having failed to comply despite knowledge of the award's certification and the legal requirement that a review application does not suspend the award without a security bond. The Department's excuse of a pending review application was not bona fide, as it was aware of the relevant legal provisions and had received legal advice that the award was unassailable. The Department's conduct demonstrated wilful and male fide non-compliance, warranting a punitive monetary sanction. Mr Ma…
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Pholo v Minister of Police (687/2021) [2024] ZANWHC 203 (5 August 2024)
High Court judgment on unlawful arrest and detention, awarding damages and future medical expenses to the plaintiff after finding the police had no lawful justification.
MEC for the Department of Public Works and Others v Ikamva Architects CC and Others (867/2022) [2024] ZASCA 95 (13 June 2024)
The Supreme Court of Appeal held that it cannot grant orders that were not sought in the court of first instance. The orders sought by the appellants on appeal—declarations of nullity of previous judgments and attachments—were never sought before the High Court, and no authority exists for granting such relief on appeal. The issues raised regarding the attachment of the Department of Health’s bank account were moot, as the account had been closed and the funds moved. Previous judgments, including those of the Constitutional Court, have confirmed that attachment of departmental bank accounts i…
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