South Africa Case Law

Meyersdal Nature Estate Homeowners Association v Makhomisani N.O. and Another (2019/21916)

Meyersdal Nature Estate Homeowners Association v Makhomisani N.O. and Another (2019/21916) [2025] ZAGPJHC 680 (14 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2019/21916

Judge

Noko

The court found that the applicant failed to comply with the requirements for substitution of parties under Rule 15(2) of the Uniform Rules of Court. The notice of substitution was not personally served on the correct trustee, and no application for leave to substitute was made after the commencement of the hearing. The return of service indicated that service was effected on the incorrect party and not on the trustee who should have been joined. The court held that these procedural defects were fatal to the application, and as a result, the rule nisi could not be confirmed. The applicant's f…

Source excerpt

• Substitution Of Parties
• Sequestration
• Service Of Process
• Trustee Authority

Ndayi v Minister of Police (33/2020)

Ndayi v Minister of Police (33/2020) [2025] ZAECMHC 22 (25 March 2025)

Court

Eastern Cape High Court, Mthatha

Case number

33/2020

Judges

B R Tokota, M Mhambe

The High Court struck a magistrates’ court appeal from the roll for late noting, no security for costs, and no valid substitution after the appellant’s death.

• Magistrates Court Appeal
• Condonation
• Substitution Of Parties
• Costs De Bonis Propriis
• Civil-procedure
• Magistrates-court-appeal

SAMWU obo 157 Members v Piotrans (Pty) Ltd and Others (JR1161/21)

SAMWU obo 157 Members v Piotrans (Pty) Ltd and Others (JR1161/21) [2025] ZALCJHB 33 (28 January 2025)

Court

Labour Court Johannesburg

Case number

JR1161/21

Judge

M S Mphahlele

The court found that SAMWU failed to provide sufficient proof of authority to act on behalf of all 157 dismissed employees, particularly those who are deceased. Without substitution of deceased employees by their executors, SAMWU lacks locus standi to represent them. The review application cannot proceed as constituted. The court exercised its discretion to postpone the matter sine die to prevent injustice to the deceased estates, as executors must be given an opportunity to decide whether to pursue the claims. The applicants are ordered to pay the costs occasioned by the postponement and to…

Source excerpt

• Locus Standi
• Substitution Of Parties
• Unfair Dismissal
• Review Of Arbitration Award
• Authority Of Union
• Costs Postponement

Ngwenya NO v Ngwenya NO and Another (2019/14999)

Ngwenya NO v Ngwenya NO and Another (2019/14999) [2024] ZAGPJHC 1127 (31 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2019/14999

Judge

Raubenheimer

The court struck out a late answering affidavit as an irregular step, holding that substitution had been properly effected under Rule 15 and no leave was sought for further affidavits.

• Substitution Of Parties
• Irregular Step
• Rule 15
• Rule 30
• Affidavit Striking Out
• Civil-procedure

Jones v Sutherland (A3082-2022)

Jones v Sutherland (A3082-2022) [2024] ZAGPJHC 220 (26 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A3082/2022

Judges

Wanless, Crutchfield

The High Court dismissed an appeal from the Meyerton Magistrates’ Court because no grounds were shown to set aside the challenged order, and it could not rescind the default judgment.

• Default Judgment
• Rescission Of Judgment
• Substitution Of Parties
• Civil-procedure
• Default-judgment
• Rescission-of-judgment

Mabathoana and Another v Mothibedi and Others (72834/15)

Mabathoana and Another v Mothibedi and Others (72834/15) [2024] ZAGPPHC 89 (29 January 2024)

Court

North Gauteng High Court, Pretoria

Case number

72834/15

Judge

E M Kubushi

The High Court dismissed an application to enforce a prior eviction order and allege contempt, holding the applicants were not parties to the original proceedings.

• Eviction Proceedings
• Contempt Of Court
• Joinder Of Parties
• Substitution Of Parties
• Eviction-proceedings
• Contempt-of-court

East London Industrial Development Zone (Soc) Ltd v Wild Coast Abalone (Pty) Ltd and Another (EL536/2019)

East London Industrial Development Zone (Soc) Ltd v Wild Coast Abalone (Pty) Ltd and Another (EL536/2019) [2023] ZAECELLC 37 (30 November 2023)

Court

Eastern Cape High Court, East London Local Court

Case number

EL536/2019

Judge

T.V Norman

The court dismissed a Rule 30 challenge to an amendment substituting Aqua Management Systems for Andre Bok, finding the amendment permissible and non-prejudicial.

• Amendment Of Pleadings
• Substitution Of Parties
• Partnership Liability
• Rule 30 Irregular Proceedings
• Amendment-of-pleadings
• Substitution-of-parties

Jacobs and Another v Garlicke and Bousfield Inc and Others (1340/2011)

Jacobs and Another v Garlicke and Bousfield Inc and Others (1340/2011) [2023] ZAKZDHC 66 (13 September 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

1340/2011

Judge

Mossop

The High Court dismissed an application to substitute the plaintiff with the applicant, finding the company had no claim to cede and the applicant’s claim had prescribed.

• Substitution Of Parties
• Cession Of Claims
• Prescription
• Security For Costs
• Substitution-of-parties
• Cession

Tshabalala v Kwagga Kliprivier Elendoms Trust and Others (LCC203/2015)

Tshabalala v Kwagga Kliprivier Elendoms Trust and Others (LCC203/2015) [2023] ZALCC 8 (28 March 2023)

Court

Land Claims Court

Case number

LCC203/2015

Judge

Ncube

The Land Claims Court dismissed an application to be substituted as applicant for a land award because the applicant failed to prove she was Mr Binda’s spouse or family member.

• Labour Tenant Act
• Customary Marriage Proof
• Substitution Of Parties
• Locus Standi
• Labour-tenant-act
• Customary-marriage-proof

Municipal Employees Pension Fund v City of Johannesburg Metropolitan Municipality and Others (27756/2021)

Municipal Employees Pension Fund v City of Johannesburg Metropolitan Municipality and Others (27756/2021) [2023] ZAGPJHC 177 (24 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

27756/2021

Judge

ML Senyatsi

The High Court held that the Municipal Employees Pension Fund lacked locus standi to challenge a rezoning decision made before it acquired the property.

• Locus Standi
• Review Of Administrative Action
• Rezoning
• Promotion Of Administrative Justice Act
• Substitution Of Parties
• Locus-standi