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South Africa Case Law

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Administrative Law [2025] ZAMPMBHC 40

Sibanyoni v Speaker of City of Mbombela and Others (2107/2025)

Sibanyoni v Speaker of City of Mbombela and Others (2107/2025) [2025] ZAMPMBHC 40 (13 May 2025)

The High Court struck an urgent application off the roll, finding the applicant failed to show explicit urgency or lack of substantial redress in due course.

  • Declaratory Relief
  • Abuse Of Public Power
  • Urgency In Motion Court
  • Substantial Redress
  • Costs Award
  • Urgency-in-motion-court
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Civil Procedure [2024] ZAGPPHC 1060

Sasser (Jnr) N.O. and Another v Sasser (Snr) and Others (2024-115325)

Sasser (Jnr) N.O. and Another v Sasser (Snr) and Others (2024-115325) [2024] ZAGPPHC 1060 (29 October 2024)

Urgent application in a family trust dispute was struck from the roll because the applicants failed to show they would not get substantial redress later.

  • Urgency In Motion Court
  • Trust Property Management
  • Interdict
  • Rental Payments
  • Family Trust Disputes
  • Urgency-in-motion-court
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Civil Procedure [2023] ZAGPJHC 1099

Siyakhulisa Trading Enterprise (Pty) Ltd v Glencore Operations South Africa (Pty) Ltd and Another (2023-038568)

Siyakhulisa Trading Enterprise (Pty) Ltd v Glencore Operations South Africa (Pty) Ltd and Another (2023-038568) [2023] ZAGPJHC 1099 (2 October 2023)

The High Court struck an urgent application from the roll for lack of urgency, finding the alleged urgency was self-created and expressing no view on spoliation merits.

  • Urgency In Motion Court
  • Spoliation
  • Contractual Breach
  • Internal Remedies
  • Expedited Arbitration
  • Urgency-in-motion-court
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Administrative Law [2023] ZAGPPHC 667

Hosmed Medical Scheme and Others v Registrar of Medical Schemes and Another (36027/2020)

Hosmed Medical Scheme and Others v Registrar of Medical Schemes and Another (36027/2020) [2023] ZAGPPHC 667 (7 August 2023)

The High Court struck off an urgent appeal over a proposed medical scheme amalgamation, finding the applicants had not shown urgency or substantial prejudice.

  • Medical Schemes Act
  • Amalgamation Of Medical Schemes
  • Urgency In Motion Court
  • Judicial Review Of Administrative Action
  • Accreditation Requirements
  • Medical-schemes-act
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Family And Children [2022] ZAGPJHC 895

SY v HS (21709/2022)

SY v HS (21709/2022) [2022] ZAGPJHC 895 (8 November 2022)

The High Court dismissed an urgent application to evict a respondent from the family home and struck remaining prayers off the roll for lack of urgency.

  • Eviction Of Spouse
  • Interim Care And Residence
  • Trust Property Rights
  • Urgency In Motion Court
  • Eviction-of-spouse
  • Interim-care-and-residence
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Administrative Law [2022] ZAWCHC 198

Kannaland Municipality v Electoral Commission for South Africa and Others (16105/2022)

Kannaland Municipality v Electoral Commission for South Africa and Others (16105/2022) [2022] ZAWCHC 198 (13 October 2022)

The court found that the applicant municipality lacked locus standi to seek interim interdictory relief, as it was not directly affected by the filling of the council vacancy. The municipal manager was not properly authorised to institute proceedings against an organ of state, as the relevant delegations did not confer such authority. Even if these defences were incorrect, the requirements for interim interdictory relief were not met: Albertus had objectively ceased to hold office, the statutory process for notification and filling of the vacancy was correctly followed, and no irreparable har…

  • Municipal Structures Act
  • Interim Interdict
  • Locus Standi
  • Delegation Of Authority
  • Ultra Vires
  • Urgency In Motion Court
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Civil Procedure [2022] ZAGPJHC 296

Siyakhula Sonke Empowerment Corporation (Pty) Ltd v Redpath Mining (South Africa) (Pty) Ltd and Others (2022/517)

Siyakhula Sonke Empowerment Corporation (Pty) Ltd v Redpath Mining (South Africa) (Pty) Ltd and Others (2022/517) [2022] ZAGPJHC 296 (26 April 2022)

The High Court struck a business rescue application from the roll, holding the applicant had not shown sufficient urgency to justify truncated time periods.

  • Business Rescue
  • Urgency In Motion Court
  • Rule 6 12
  • Companies Act Section 131
  • Business-rescue
  • Urgent-applications
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Civil Procedure [2022] ZAECBHC 2

Lumkwana v Superintendent-General Department of Health Eastern Cape Province and Another (1/2022)

Lumkwana v Superintendent-General Department of Health Eastern Cape Province and Another (1/2022) [2022] ZAECBHC 2 (2 March 2022)

The High Court struck an urgent application from the roll after finding no adequate urgency and serious procedural defects in the notice and service.

  • Urgency In Motion Court
  • Contempt Of Court
  • Salary Payment Dispute
  • Interim Interdict
  • Service Of Process
  • Urgent-applications
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Civil Procedure [2021] ZAGPPHC 515

Pretorius and Another v Khutso Naketsi Communal Property Association and Others (34247/2021)

Pretorius and Another v Khutso Naketsi Communal Property Association and Others (34247/2021) [2021] ZAGPPHC 515 (2 August 2021)

The High Court struck an urgent application from the roll, finding the applicants failed to show sufficient urgency for interim interdict relief.

  • Urgency In Motion Court
  • Interim Interdict
  • Shareholders Agreement
  • Management Structure Dispute
  • Restitution Of Land Rights
  • Contractual Obligations
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Civil Procedure [2020] ZAMPMHC 24

Lekwa Local Municipality v Eskom Holdings SOC Ltd and Others (126/2019)

Lekwa Local Municipality v Eskom Holdings SOC Ltd and Others (126/2019) [2020] ZAMPMHC 24 (8 July 2020)

The court found that Lekwa Local Municipality failed to establish urgency as required by Rule 6(12) and the Practice Directives. The delay of almost four months before launching the application and the imposition of unreasonable timeframes for opposing papers indicated self-created urgency. The debt under the Acknowledgement of Debt had been settled, and there was no imminent threat or interruption of electricity supply. The relief sought was moot, and the application was not properly enrolled. The affidavits filed did not comply with statutory requirements, further justifying striking the ma…

  • Urgency In Motion Court
  • Practice Directives
  • Self Created Urgency
  • Condonation Of Late Filing
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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.