South Africa Case Law

Cellsecure Monitoring and Response (Pty) Ltd and Others v South African Securitisation Programme (RF) Limited (A201/2023; 21647/2021)

Cellsecure Monitoring and Response (Pty) Ltd and Others v South African Securitisation Programme (RF) Limited (A201/2023; 21647/2021) [2025] ZAGPPHC 98 (31 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

A201/2023; 21647/2021

Judges

Oosthuizen-Senekal, Mngqibisa-Thusi, Wanless

The High Court dismissed an appeal against summary judgment and rectification, holding that the appellants failed to disclose a bona fide defence under Rule 32.

• Summary Judgment
• Rectification Of Contract
• Uniform Rules Of Court Rule 32
• Contractual Mistake
• Certificate Of Balance
• Summary-judgment

Firstrand Bank v O2 Boerdery (Pty) Ltd and Others (2399/2021)

Firstrand Bank v O2 Boerdery (Pty) Ltd and Others (2399/2021) [2024] ZANCHC 116 (2 December 2024)

Court

Northern Cape High Court, Kimberley

Case number

2399/2021

Judge

MC Mamosebo

The court found that the second defendant had raised a bona fide defence to the claim for summary judgment, specifically the defence of prescription. The payments made by the defendant did not, in the context and circumstances, constitute sufficient acknowledgment of liability to interrupt prescription under section 14 of the Prescription Act. The court exercised its discretion to refuse summary judgment, holding that the defendant should not be shut out from defending the action. The requirements of Rule 32(2) were not met to the extent necessary to grant summary judgment, and the defendant…

Source excerpt

• Summary Judgment
• Prescription Act
• Bona Fide Defence
• Uniform Rules Of Court Rule 32

Apollon Property Fund (Pty) Ltd v World Focus 2138 CC and Another (Reasons) (20467/24)

Apollon Property Fund (Pty) Ltd v World Focus 2138 CC and Another (Reasons) (20467/24) [2024] ZAWCHC 331 (12 August 2024)

Court

Western Cape High Court, Cape Town

Case number

20467/24

Judge

Montzinger

Summary judgment was granted for unpaid commercial lease arrears against a surety, with rectification of a clerical date error in the suretyship deed.

• Summary Judgment
• Suretyship Liability
• Lease Agreement Breach
• Rectification Of Contract
• Uniform Rules Of Court Rule 32
• Commercial Property Rental

MJG Logistics (Pty) Ltd v Foloyi Construction and Projects CC (2863/2023)

MJG Logistics (Pty) Ltd v Foloyi Construction and Projects CC (2863/2023) [2024] ZAMPMHC 37 (10 July 2024)

Court

Middelburg High Court, Mpumalanga

Case number

2863/2023

Judge

MBG Langa

The High Court granted summary judgment where the defendant’s plea was a bare denial and new defences raised only in affidavit were not allowed.

• Summary Judgment
• Pleading Requirements
• Bona Fide Defence
• Uniform Rules Of Court Rule 32
• Summary-judgment
• Pleading-requirements

Umso Construction (Pty) Ltd v Rustenburg Local Municipality (755/2021)

Umso Construction (Pty) Ltd v Rustenburg Local Municipality (755/2021) [2024] ZANWHC 111 (22 April 2024)

Court

North West High Court, Mafikeng

Case number

755/2021

Judge

Mfenyana

The High Court dismissed an application for condonation for the late filing of a summary judgment application, finding the explanation for delay was not credible.

• Condonation
• Summary Judgment
• Uniform Rules Of Court Rule 32
• Practice Directives
• Good Cause
• Abuse Of Process

Development Bank of Southern Africa v Muller (49303/2016)

Development Bank of Southern Africa v Muller (49303/2016) [2017] ZAGPPHC 391 (28 March 2017)

Court

North Gauteng High Court, Pretoria

Case number

49303/2016

Judge

E Molahlehi

High Court summary judgment granted after the court rejected technical objections to the supporting affidavit and found substantial compliance with Rule 32.

• Summary Judgment
• Uniform Rules Of Court Rule 32
• Affidavit Requirements
• Technical Defects In Affidavits
• Summary-judgment
• Rule-32

Standard Bank of SA Ltd v Louis Ferdinand Bantjies t/a Elcon Civils (1733/2011)

Standard Bank of SA Ltd v Louis Ferdinand Bantjies t/a Elcon Civils (1733/2011) [2011] ZAFSHC 148 (8 September 2011)

Court

Free State High Court, Bloemfontein

Case number

1733/2011

Judge

M. A. Mathebula

The High Court dismissed a summary judgment application because the applicant failed to identify the documents relied on, as required by Rule 32.

• Summary Judgment
• Uniform Rules Of Court Rule 32
• Liquidated Claims
• Summary-judgment
• Uniform-rules-of-court-rule-32
• Liquidated-claims

Smith v Opperman (5446/2008)

Smith v Opperman (5446/2008) [2008] ZAGPHC 312 (19 May 2008)

Court

High Courts - Gauteng

Case number

5446/2008

Judge

Phatudi

The High Court granted summary judgment on an acknowledgement of debt, finding the defendant had no bona fide defence and owed the outstanding balance, interest and costs.

• Summary Judgment
• Liquid Document
• Acknowledgement Of Debt
• Uniform Rules Of Court Rule 32
• Summary-judgment
• Acknowledgement-of-debt