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South Africa Case Law

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Civil Procedure [2025] ZAGPPHC 601

Bam v Holtzhausen and Others (2024-097438)

Bam v Holtzhausen and Others (2024-097438) [2025] ZAGPPHC 601 (21 February 2025)

The High Court stayed a magistrates’ court order appointing an administrator to a sectional title body corporate, pending rescission proceedings.

  • Stay Of Execution
  • Sectional Title Schemes
  • Joinder
  • Superior Courts Act Section 47
  • Interim Interdict
  • Stay-of-execution
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Civil Procedure [2024] ZAGPJHC 678

Mavudzi and Another v Makamu and Others (2024-00057 ; 2024-028945)

Mavudzi and Another v Makamu and Others (2024-00057 ; 2024-028945) [2024] ZAGPJHC 678 (19 July 2024)

The High Court refused permission to sue an acting judge because the applicants did not identify the contemplated civil proceedings or show a justiciable case.

  • Superior Courts Act Section 47
  • Good Cause Requirement
  • Judicial Immunity
  • Urgency
  • Consent To Sue Judge
  • Superior-courts-act-section-47
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Civil Procedure [2021] ZAGPPHC 14

Freedom Under Law v Motata (33227/2020)

Freedom Under Law v Motata (33227/2020) [2021] ZAGPPHC 14 (28 January 2021)

The court held that section 47(1) consent is needed to cite a retired judge, but granted leave because the review raised a justiciable issue and would not prejudice judicial independence.

  • Superior Courts Act Section 47
  • Leave To Sue Judge
  • Judicial Independence
  • Review Of Jsc Decision
  • Superior-courts-act-section-47
  • Leave-to-sue-judge
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Civil Procedure [2017] ZAWCHC 161

Mthenjwa v Steyn and Another (9028/17)

Mthenjwa v Steyn and Another (9028/17) [2017] ZAWCHC 161 (30 November 2017)

The court dismissed an application to sue a judge, holding that prior consent from the Head of Court under section 47(1) was required and had not been sought.

  • Superior Courts Act Section 47
  • Leave To Sue Judge
  • Constitutional Right Of Access To Court
  • Qualified Privilege Of Judges
  • Superior-courts-act-section-47
  • Leave-to-sue-judge
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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.