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South Africa decisions
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Montana v Commissioner for the South African Revenue Service (2023-047735) [2025] ZAGPPHC 749 (21 July 2025)
The High Court dismissed condonation for a late answering affidavit in sequestration proceedings and granted SARS’s strike-out application with punitive costs.
Motshele v Motshele (32777/2017) [2025] ZAGPPHC 274 (17 March 2025)
The High Court dismissed an application to strike out a respondent’s claim and defence for non-compliance with a prior court order, but ordered costs on an attorney-and-client scale.
Gold Circle Proprietary Ltd v Kwa-Zulu Natal Gaming and Betting Board and Others (9101/2023P) [2025] ZAKZPHC 18 (14 February 2025)
The court held that Gold Circle is entitled to the 3% tax distribution only for bets placed on horse races staged at its licensed racecourses, as specified in its licence, and not for races held elsewhere or internationally. The Board’s withholding of all payments was unlawful, and Gold Circle had a legitimate expectation of payment based on statutory provisions and longstanding practice. The Board’s opposition to the main application was without merit and amounted to an abuse of process, justifying a punitive costs order on the attorney and client scale. However, the court declined to hold i…
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De Sa Miranda v True Ruby Trading 1035 CC and Another (20548/2023) [2024] ZAWCHC 430; [2025] 1 All SA 645 (WCC) (30 December 2024)
The court found that the applicant had been excluded from the management and information of True Ruby for an extended period, had not received his share of income, and that the second respondent's assertion that the applicant was no longer entitled to his membership interest was not credible. The evidence, including the Association Agreement, financial statements, and the conduct of the second respondent, supported the applicant's version that trust and confidence between the members had irretrievably broken down. The court held that, in the absence of viable alternative remedies and given th…
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ASPASA NPC and Others v Commissioner for the South African Revenue Service (2023/099811) [2024] ZAGPPHC 1286 (6 December 2024)
The High Court found that exceptional circumstances existed for it to assume jurisdiction under section 105 of the Tax Administration Act, given the purely legal nature of the dispute and the need for industry-wide certainty. The court interpreted 'bulk' in Schedule 2 of the Mineral and Petroleum Resources Royalty Act as referring to aggregates in the condition of shot rock at the muck pile prior to beneficiation. This interpretation aligns with the Act's purpose to set a base condition for royalty calculation and to promote beneficiation, avoiding penalisation of value addition. The applican…
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Nongogo v Khoza and Others (J1550/2023) [2024] ZALCJHB 13 (8 January 2024)
The court found that the applicant was not contractually entitled to a disciplinary hearing before summary dismissal. The Disciplinary Code and contract, when read together, do not make a disciplinary hearing compulsory for the CEO. The procedures in the Disciplinary Code are not designed for the CEO, who has no line manager and cannot be investigated or represented as stipulated for other employees. The Board alone holds the power to appoint and dismiss the CEO. Even if the Disciplinary Code applied, its language is discretionary, not mandatory. The applicant failed to establish a contractua…
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Standard Bank of South Africa Limited and Others v Master of the High Court, Cape Town and Others (16103/2022) [2023] ZAWCHC 286 (16 November 2023)
The court found that the attacks on the integrity of Messrs Lüderitz and Strime were false, unwarranted, irrelevant, scandalous, and vexatious, and that they prejudiced the applicants and their legal team. The strike-out application by the applicants succeeded, and personal and punitive costs orders were justified against the responsible respondents and their attorney due to their egregious disregard for professional responsibilities. The further evidence application was dismissed as it was brought late, lacked materiality, and would prejudice the applicants. The wasted costs of the postponem…
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Special Investigating Unit v Czakhele Enterprise (Pty) Ltd and Others (KN/04/2022) [2023] ZAST 14 (3 November 2023)
The Special Tribunal partially struck out defamatory and irrelevant material from the SIU’s affidavit and compelled discovery under Rule 35(12), with costs.
C.P.M v N.E.M (18195/2022) [2023] ZAGPJHC 1244 (30 October 2023)
High Court judgment on condonation, strike-out, and amendment of a divorce counterclaim, granting limited amendments and refusing others for prejudice.
Moeketse v Dikwena Chrome (Pty) Ltd t/a Samancor (009557/2023) [2023] ZAGPJHC 1229 (27 October 2023)
The High Court dismissed an application to strike out two paragraphs of a plea, finding the alleged lack of detail did not justify an exception or Rule 30 relief.
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