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South Africa Case Law

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Commercial And Corporate [2025] ZAFSHC 108

First Rand Bank Ltd and Another v Azrapart (Pty) Limited and Another (4437/2024)

First Rand Bank Ltd and Another v Azrapart (Pty) Limited and Another (4437/2024) [2025] ZAFSHC 108 (27 March 2025)

Interim business rescue decision under section 131 was postponed pending confirmation of Redcore funding, while a referral to oral evidence was dismissed.

  • Business Rescue
  • Companies Act Section 131
  • Jurisdiction Of High Court
  • Supplementary Affidavit
  • Oral Evidence Referral
  • Business-rescue
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Civil Procedure [2025] ZALMPPHC 67

School Governing Body: Phaswana Secondary School and Others v Head of the Department, Department of Education, Limpopo Province and Others (18/2020)

School Governing Body: Phaswana Secondary School and Others v Head of the Department, Department of Education, Limpopo Province and Others (18/2020) [2025] ZALMPPHC 67 (25 March 2025)

The High Court granted leave for applicants to file a supplementary founding affidavit after joinder of additional respondents, finding the technical objection overly pedantic.

  • Supplementary Affidavit
  • Joinder Of Parties
  • Court Discretion
  • Uniform Rules Of Court Rule 6 5
  • Supplementary-affidavit
  • Joinder-of-parties
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Civil Procedure [2025] ZAGPJHC 283

City of Johannesburg Metropolitan Municipality v Community Protection Solutions NPC (2023/003435)

City of Johannesburg Metropolitan Municipality v Community Protection Solutions NPC (2023/003435) [2025] ZAGPJHC 283 (17 March 2025)

The High Court granted leave for CPS to file a supplementary answering affidavit in a road-closure dispute, and ordered costs against CPS on scale C.

  • Supplementary Affidavit
  • Legitimate Expectation
  • Estoppel
  • Rule 6 5 E
  • Access Restriction
  • Costs Award
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Civil Procedure [2024] ZAGPPHC 778

Mkhwanazi v Arena Holdings (Pty) Ltd and Others (065220/2023)

Mkhwanazi v Arena Holdings (Pty) Ltd and Others (065220/2023) [2024] ZAGPPHC 778 (5 August 2024)

The court granted condonation and leave to file supplementary affidavits, then postponed the main application sine die so the respondent could answer new allegations.

  • Supplementary Affidavit
  • Condonation
  • Postponement
  • Costs Order
  • Motion Proceedings
  • Supplementary-affidavit
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Civil Procedure [2024] ZAKZDHC 48

Stewart N.O and Others v Ballim (D2296/2021)

Stewart N.O and Others v Ballim (D2296/2021) [2024] ZAKZDHC 48 (10 June 2024)

Leave to appeal was dismissed in a sequestration matter after the court found no reasonable prospect of success and no further proof to change the result.

  • Final Sequestration
  • Leave To Appeal
  • Advantage To Creditors
  • Insolvency Act Section 12
  • Supplementary Affidavit
  • Leave-to-appeal
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Administrative Law [2024] ZALMPPHC 32

Mamayile Business Enterprise CC v MEC for the Department of Transport and Community Safety Limpopo Province (1186/2024)

Mamayile Business Enterprise CC v MEC for the Department of Transport and Community Safety Limpopo Province (1186/2024) [2024] ZALMPPHC 32 (2 March 2024)

The court found that the applicant met the threshold for urgency and condoned non-compliance with the Rules. The supplementary affidavit was permissible under Rule 53(4) as it was filed within the prescribed period after delivery of the record. The non-joinder point failed because the relief sought did not prejudice the other bidders, whose participation had already been terminated by administrative action. On the merits, the court held that the tender validity period expired on 30 November 2023, and no valid extension was sought from all bidders prior to expiry. The first respondent's subseq…

  • Tender Validity Period
  • Review Of Administrative Action
  • Urgent Application
  • Non Joinder
  • Supplementary Affidavit
  • Just And Equitable Remedy
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Civil Procedure [2024] ZAGPJHC 114

Dusty Gold Investments 3 (Pty) Ltd v City of Johannesburg Metropolitan Municipality and Others (2021/41510)

Dusty Gold Investments 3 (Pty) Ltd v City of Johannesburg Metropolitan Municipality and Others (2021/41510) [2024] ZAGPJHC 114 (13 February 2024)

The High Court allowed the applicant to file supplementary papers and amend its motion after post-launch changes to ownership and relief. Costs were awarded against the respondents.

  • Supplementary Affidavit
  • Amendment Of Notice Of Motion
  • Condonation
  • Costs Award
  • Civil-procedure
  • Supplementary-affidavit
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Civil Procedure [2024] ZAECMHC 11

Mdaka v Total Energies Marketing South Africa (Pty) Limited and Others (2379/2023)

Mdaka v Total Energies Marketing South Africa (Pty) Limited and Others (2379/2023) [2024] ZAECMHC 11 (13 February 2024)

The court set aside an irregular Rule 30A application and a supplementary affidavit filed without leave, while reserving costs for the main case.

  • Irregular Proceedings
  • Supplementary Affidavit
  • Rule 30a Application
  • Setting Aside Documents
  • Civil-procedure
  • Rule-30a
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Civil Procedure [2024] ZAGPJHC 89

Kreetiv Communication CC v Harrington N.O. and Others (21549/2021)

Kreetiv Communication CC v Harrington N.O. and Others (21549/2021) [2024] ZAGPJHC 89 (6 February 2024)

The High Court dismissed an application for leave to appeal, finding no reasonable prospects of success and no compelling reason under section 17(1)(a).

  • Leave To Appeal
  • Security For Costs
  • Supplementary Affidavit
  • Prospects Of Success
  • Leave-to-appeal
  • Security-for-costs
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Administrative Law [2023] ZASCA 133

National Credit Regulator v National Consumer Tribunal and Others (707/2022)

National Credit Regulator v National Consumer Tribunal and Others (707/2022) [2023] ZASCA 133; [2024] 1 All SA 67 (SCA) (17 October 2023)

The Supreme Court of Appeal held that the National Consumer Tribunal could not permit the appeal to resurrect a challenge to its condonation ruling; the High Court’s order stood and the appeal was dismissed.

  • National Credit Act
  • Condonation Of Late Filing
  • Supplementary Affidavit
  • Powers Of Tribunal
  • Consumer Protection
  • Review Of Tribunal Decision
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