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South Africa decisions
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Mokitimi v Standard Bank of South Africa Limited (2017/49814) [2025] ZAGPJHC 210 (6 March 2025)
The High Court dismissed an application to strike out a summons under rule 30, finding the applicant had not followed the required procedure and the complaints were unsustainable.
National Director of Public Prosecutions v Goqwana (2938/2022) [2024] ZAECMHC 50 (18 June 2024)
The High Court allowed the National Director of Public Prosecutions to amend the plea and withdraw admissions, finding the explanation reasonable and prejudice curable by costs.
Dos Santos v Madibeng Rental (Pty) Ltd t/a Chas Everitt Property Rentals Hartbeespoort (32206/2022) [2024] ZAGPPHC 315 (28 March 2024)
The court found that the applicant's proposed amendments to the particulars of claim were not mala fide and would not cause prejudice or injustice to the respondent. Any alleged vagueness, embarrassment, or nondisclosure of a cause of action could be addressed at trial. The amendments would assist in the proper ventilation of the dispute and serve the interests of justice. The respondent's objections were without merit, and the application to amend was upheld. Costs were awarded to the applicant, as the general rule is that costs follow the result and no exceptional circumstances justified a…
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Makhafola and Vester Incorporated v Kukhanya Marketing CC Mandla Timana and Another (2651/2017) [2024] ZAGPPHC 10 (8 January 2024)
The High Court granted leave to amend particulars of claim in a civil action, finding no bad faith or irremediable prejudice despite delay.
Consolidated Transport Rigging and Logistics (Pty) Ltd v Concord Cranes (Pty) Ltd (34646/20) [2023] ZAGPPHC 1984 (12 December 2023)
The High Court allowed an amendment correcting the plaintiff’s misdescription from a company to a close corporation, finding no new party or cause of action.
Minister of Police and Another v Siphiwe (19020/17) [2023] ZAGPJHC 23 (13 January 2023)
The High Court refused a late application to amend a plea, finding the defendants gave no adequate delay explanation and the amendment would prejudice the respondent.
Rakhojane v MEC for Health, NC Province (2293/2016) [2021] ZANCHC 25 (4 June 2021)
Leave to appeal was refused after the court held the amended particulars introduced a prescribed new cause of action and no good cause for condonation was shown.
Muller N.O and Others v Gomes and Another (8699/2020) [2021] ZAGPPHC 350 (18 May 2021)
The court found that the respondents' objections to the proposed amendment of the particulars of claim were not clear and concise as required by Rule 28(3), relying instead on oblique references to other documents and raising different grounds in their opposing affidavit. The respondents failed to follow the prescribed procedure under Rule 30 for procedural objections. Upon reading the particulars of claim and the proposed amendment as a whole, the court held that the applicants had pleaded sufficient particularity to enable the respondents to plead, as only the facta probanda need be set out…
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Dept of Transport Roads & Public Works of the Northern Cape & others v MEC of the Northern Cape for Transport, Roads & Public Works & others (380/2012) [2021] ZANCHC 17 (7 May 2021)
High Court leave-to-appeal judgment dismissing an application after finding no reasonable prospects of success and no compelling reason to hear the appeal.
Damon v Minister of Police (308/2015) [2020] ZANCHC 41 (25 June 2020)
The court dismissed the matter with costs after the plaintiff failed to comply with the rules for amending particulars of claim before judgment.
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