South Africa Case Law

Parkin and Others v Knysna Local Municipality (5855/2020)

Parkin and Others v Knysna Local Municipality (5855/2020) [2025] ZAWCHC 182; [2025] 3 All SA 530 (WCC) (29 April 2025)

Court

Western Cape High Court, Cape Town

Case number

5855/2020

Judge

Holderness

The court found that the issues raised in the special pleas of non-joinder and misjoinder are not inextricably interwoven with the remaining issues for determination in the main action. The determination of which municipality bears the legal duties relied upon by the plaintiffs is a discrete legal question that can be conveniently separated and adjudicated first. The court held that if the defendant succeeds on its misjoinder plea, it will be dispositive of the plaintiffs’ claim against it. The court further found that the determination of non-joinder should precede the merits to avoid making…

Source excerpt

• Separation Of Issues
• Non Joinder
• Misjoinder
• Municipal Liability
• Fire Damage
• Statutory Duties

Netcare Hospitals (Pty) Ltd v Compensation Fund and Others (016469/2023)

Netcare Hospitals (Pty) Ltd v Compensation Fund and Others (016469/2023) [2024] ZAGPPHC 1335 (12 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

016469/2023

Judge

Ngalwana AJ

The application is dismissed because Netcare failed to establish that the CompEasy system is dysfunctional in law or fact. The factual disputes regarding the system's functionality are material and cannot be resolved on motion papers. The court cannot grant declaratory or mandatory relief imposing duties on the Compensation Fund that are not provided for in COIDA or its regulations, absent a constitutional challenge to the statute. Much of the functionality sought by Netcare is already present in the system, and Netcare's difficulties arise from operational and procedural issues rather than s…

Source excerpt

• Judicial Review Of Administrative Action
• Declaratory Relief
• Mandatory Interdict
• Statutory Duties
• Healthcare Service Delivery

Association of Regional Magistrates of Southern Africa v Independent Commission for Remuneration of Public Office and Others (28644/2024)

Association of Regional Magistrates of Southern Africa v Independent Commission for Remuneration of Public Office and Others (28644/2024) [2024] ZAGPJHC 1219 (26 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

28644/2024

Judge

FHD Van Oosten

The High Court awarded the applicant costs on prayer 2 up to 16 October 2024, finding it had achieved substantial success; the remaining costs were each party’s own.

• Judicial Remuneration
• Mootness
• Costs Award
• Statutory Duties
• Case Management
• Costs-award

Association of Regional Magistrates of Southern Africa v Independent Commission for Remuneration of Public Office Bearers and Others (28644/2024)

Association of Regional Magistrates of Southern Africa v Independent Commission for Remuneration of Public Office Bearers and Others (28644/2024) [2024] ZAGPJHC 1235 (26 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

28644/2024

Judge

FHD Van Oosten

The High Court held the applicant had substantial success on costs in relation to delayed remuneration recommendations, but limited costs to 16 October 2024 because the relief later became moot.

• Judicial Remuneration
• Mootness
• Costs Award
• Statutory Duties
• Case Management
• Costs-award

Maribatsi v Minister of Police and Another (34907/2019)

Maribatsi v Minister of Police and Another (34907/2019) [2020] ZAGPJHC 150; 2021 (6) SA 470 (GJ) (17 June 2020)

Court

South Gauteng High Court, Johannesburg

Case number

34907/2019

Judge

Molahlehi

The High Court refused punitive attorney-and-client costs in a PAIA matter, finding no proof of intentional or reckless disregard by the respondents.

• Promotion Of Access To Information Act
• Punitive Costs
• Attorney And Client Costs
• Statutory Duties
• Costs Award Discretion
• Promotion-of-access-to-information-act

De Lange NO v Minister of Water and Environmental Affairs (81/2018)

De Lange NO v Minister of Water and Environmental Affairs (81/2018) [2019] ZASCA 59; 2019 (4) SA 445 (SCA) (17 April 2019)

Court

Supreme Court of Appeal

Case number

81/2018

Judges

Navsa, Leach, Mocumie, Mokgohloa, Dlodlo

The SCA held that a damages claim over failed irrigation canals had prescribed because the cause of action arose when the canals became inoperable in 2003.

• National Water Act
• Prescription Act
• Water Use Rights
• Statutory Duties
• Delictual Liability
• Riparian Rights

Moiloa v Road Accident Fund (66853/15)

Moiloa v Road Accident Fund (66853/15) [2017] ZAGPPHC 746 (22 June 2017)

Court

North Gauteng High Court, Pretoria

Case number

66853/15

Judge

Hughes

The High Court held the Road Accident Fund 100% liable after finding, on uncontested passenger evidence, that the insured driver caused a head-on collision.

• Road Accident Liability
• Negligence
• Res Ipsa Loquitur
• Punitive Costs
• Statutory Duties
• Road-accident-fund

Chuang Yi Trading (Edms) Bpk v Vrystaat Dobbel en Drankowerheid and Another; Gallery on Leviseur (Edms) Bk v Vrystaat Dobbel en Drankowerheid and Another; Mdi v Free State Gambling and Liquor Authority and Another (4464/2015, 203/2016, 1814/2015)

Chuang Yi Trading (Edms) Bpk v Vrystaat Dobbel en Drankowerheid and Another; Gallery on Leviseur (Edms) Bk v Vrystaat Dobbel en Drankowerheid and Another; Mdi v Free State Gambling and Liquor Authority and Another (4464/2015, 203/2016, 1814/2015) [2016] ZAFSHC 92 (5 May 2016)

Court

Free State High Court, Bloemfontein

Case number

4464/2015, 203/2016, 1814/2015

Judge

A. Kruger

The Free State High Court accepted an explanation that the Board had not acted in bad faith and refused a de bonis propriis costs order, but awarded attorney-and-client costs.

• Costs Order
• Attorney And Client Scale
• De Bonis Propriis
• Statutory Duties
• Affidavit Evidence
• Costs-order

Kouter v MEC for Health: Department of Health: NC Province and Others (1750/2015)

Kouter v MEC for Health: Department of Health: NC Province and Others (1750/2015) [2016] ZANCHC 56 (22 January 2016)

Court

Northern Cape High Court, Kimberley

Case number

1750/2015

Judge

Erasmus, AJ

Contempt application over incomplete hospital records was dismissed, though the respondents were ordered to pay costs.

• Promotion Of Access To Information Act
• Contempt Of Court
• National Health Act
• Costs Award
• Misjoinder
• Statutory Duties

Cilliers and Others v Steenkamp and Others (1386/2014)

Cilliers and Others v Steenkamp and Others (1386/2014) [2015] ZAWCHC 177 (25 November 2015)

Court

Western Cape High Court, Cape Town

Case number

1386/2014

Judge

J Cloete

The court held that the plaintiffs failed to plead primary facts establishing a legal duty on the liquidators of KCM to take control of its wholly owned subsidiary, Bo-Karoo. The Companies Act does not confer such powers on liquidators, and the legal distinction between holding and subsidiary companies must be maintained. The claims for pure economic loss lack the necessary averments to sustain them, and fault was not adequately pleaded in relation to the approval of the sale of assets. The particulars of claim are therefore excipiable for failing to disclose a cause of action or for being va…

Source excerpt

• Liquidator Duties
• Fiduciary Duty
• Pure Economic Loss
• Exception Procedure
• Statutory Duties
• Company Liquidation