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South Africa Case Law

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Civil Procedure [2025] ZAGPPHC 694

Zungane v Road Accident Fund (84985/17; 80916/15; 63951/21; 18482/22; 9321/22; 33973/21; 39494/2021)

Zungane v Road Accident Fund (84985/17; 80916/15; 63951/21; 18482/22; 9321/22; 33973/21; 39494/2021) [2025] ZAGPPHC 694 (1 July 2025)

The court dismissed multiple RAF interlocutory applications as abusive attempts to convert trial matters into default judgments.

  • Abuse Of Process
  • Discovery
  • Striking Out Defence
  • Rule 21
  • Rule 35
  • Default Judgment
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Civil Procedure [2025] ZAGPJHC 537

Redec Services (Pty) Ltd and Others v Kansai Plascon (Pty) Ltd ( Application for Leave to Apeal) (2020/29803)

Redec Services (Pty) Ltd and Others v Kansai Plascon (Pty) Ltd ( Application for Leave to Apeal) (2020/29803) [2025] ZAGPJHC 537 (29 May 2025)

The High Court dismissed an application for leave to appeal against striking out the defendants’ defence for non-compliance with a court order.

  • Leave To Appeal
  • Striking Out Defence
  • Non Compliance With Court Order
  • Discretionary Sanctions
  • Condonation Application
  • Leave-to-appeal
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Civil Procedure [2025] ZAGPJHC 507

Tuswa v Minister of Police and Another (2014/44510)

Tuswa v Minister of Police and Another (2014/44510) [2025] ZAGPJHC 507 (22 May 2025)

The High Court dismissed an application to strike out a defence, finding the respondent had complied with Rule 35(3) by swearing the requested SAP 15 document did not exist.

  • Discovery Affidavit
  • Rule 35 Compliance
  • Striking Out Defence
  • Interlocutory Application
  • Civil-procedure
  • Discovery
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Civil Procedure [2025] ZAGPJHC 463

Mokoka v JP Markets (Pty) Ltd and Another (2023/013189)

Mokoka v JP Markets (Pty) Ltd and Another (2023/013189) [2025] ZAGPJHC 463 (13 May 2025)

The High Court dismissed an application to strike out a defence under Rule 21(4), finding the notice and relief sought were procedurally defective and conflated with discovery issues.

  • Uniform Rules Of Court
  • Rule 21 Further Particulars
  • Discovery Procedure
  • Striking Out Defence
  • Self Represented Litigant
  • Uniform-rules-of-court
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Civil Procedure [2025] ZAGPJHC 523

N.B v R.B (38752/2016)

N.B v R.B (38752/2016) [2025] ZAGPJHC 523 (29 April 2025)

The High Court compelled discovery under rule 35(7), rejecting a respondent’s attempt to withhold discovery pending an unfiled R100 000 payment claim.

  • Discovery Affidavit
  • Rule 35
  • Application To Compel
  • Striking Out Defence
  • Civil-procedure
  • Discovery
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Civil Procedure [2025] ZAGPJHC 147

Anglo American Emea Shared Services (Pty) Ltd and Another v Limpop Propellers CC and Others (899/2020)

Anglo American Emea Shared Services (Pty) Ltd and Another v Limpop Propellers CC and Others (899/2020) [2025] ZAGPJHC 147 (17 February 2025)

The High Court removed an application from the roll after the respondent failed to comply with a discovery order. The respondent was ordered to pay wasted costs on scale C.

  • Discovery Non Compliance
  • Striking Out Defence
  • Wasted Costs
  • Service Of Documents
  • Discovery-non-compliance
  • Striking-out-defence
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Civil Procedure [2024] ZAFSHC 414

Booysen v Ngwathe Local Municipality (2586/2020)

Booysen v Ngwathe Local Municipality (2586/2020) [2024] ZAFSHC 414 (24 December 2024)

The respondent undertook in the pre-trial minute to provide specific information necessary for the preparation of trial, including its version of events, admissions, stance on documents, and witness list. Despite repeated requests and notices, the respondent failed to comply with its undertakings. The respondent's arguments that the questions amounted to requests for further particulars and that its intention to amend pleadings rendered the application moot are without merit. The respondent did not deny its undertakings and failed to provide any valid justification for non-compliance. The cou…

  • Uniform Rules Of Court Rule 30a
  • Uniform Rules Of Court Rule 37
  • Pre Trial Conference
  • Striking Out Defence
  • Costs On Attorney And Client Scale
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Commercial And Corporate [2024] ZAGPJHC 370

Reckmann v Mabundla N.O. and Others (22734/2022)

Reckmann v Mabundla N.O. and Others (22734/2022) [2024] ZAGPJHC 370 (12 April 2024)

The High Court held that the shareholders agreement provided for expert determination, not arbitration, and dismissed a review of the expert’s rulings.

  • Shareholders Agreement
  • Expert Determination
  • Arbitration Vs Expert
  • Striking Out Defence
  • Removal Of Expert
  • Enforcement Of Expert Award
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Civil Procedure [2023] ZAGPPHC 1141

Phanyane v Premier of Gauteng Province and Another (14176/2017)

Phanyane v Premier of Gauteng Province and Another (14176/2017) [2023] ZAGPPHC 1141 (4 September 2023)

The High Court dealt with non-compliance with Rule 35(3) discovery notices and a prior order, and issued further pre-trial directives with a costs order.

  • Discovery Of Documents
  • Rule 35 Application
  • Striking Out Defence
  • Default Judgment
  • Civil-procedure
  • Discovery
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Commercial And Corporate [2022] ZAGPJHC 838

Roseveare and Others v Simelane and Others (27833/2021)

Roseveare and Others v Simelane and Others (27833/2021) [2022] ZAGPJHC 838 (24 October 2022)

The High Court refused a third postponement, struck the first respondent’s defence, and allowed the applicants to proceed with relief over disputed share valuations.

  • Shareholder Disputes
  • Prejudicial Conduct
  • Postponement
  • Condonation
  • Valuation Of Shares
  • Striking Out Defence
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.