South Africa Case Law

Dumakude v Bidvest Bank Limited (2025/054716)

Dumakude v Bidvest Bank Limited (2025/054716) [2025] ZAGPJHC 451 (8 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/054716

Judge

Epstein

The court found that the urgency of the application was not self-created, given the Applicant's persistent efforts to obtain information and secure legal representation. The Respondent failed to provide timely and adequate reasons for freezing the account, only disclosing the SARS garnishee order in its answering affidavit. However, the court held that SARS has a direct and substantial interest in the matter and must be formally joined as a party. The application was removed from the roll to allow for such joinder. Costs were reserved, but the Respondent was precluded from claiming costs up t…

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• Freezing Of Bank Account
• Urgency Rule 6 12
• Contractual Rights Of Bank
• Non Joinder
• Sars Garnishee Order

M.P.M v T.R.T and Another (2023/118970)

M.P.M v T.R.T and Another (2023/118970) [2025] ZAGPJHC 319 (25 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/118970

Judge

Noko

Urgent application granted to freeze 50% of a spouse’s pension benefit pending divorce, with punitive costs awarded against the first respondent.

• Interim Interdict
• Divorce Assets
• Pension Fund Benefits
• Urgency Rule 6 12
• Maintenance
• Costs Punitive Scale

Prepare Ways (Pty) Ltd ta Bliss Liquor Store v Gauteng Liguor Board and Others (2025/010065)

Prepare Ways (Pty) Ltd ta Bliss Liquor Store v Gauteng Liguor Board and Others (2025/010065) [2025] ZAGPJHC 237 (5 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/010065

Judge

Allen

Urgent interim relief was granted to suspend a liquor board decision and allow trading to continue pending Part B, with an interdict against interference.

• Interim Interdict
• Urgency Rule 6 12
• Liquor Licensing
• Suspension Of Administrative Decision
• Locus Standi
• Interim-interdict

Tempelhof Filling Station (Pty) Ltd v Controller of Petroleum Products and Others (2024-017060)

Tempelhof Filling Station (Pty) Ltd v Controller of Petroleum Products and Others (2024-017060) [2024] ZAGPPHC 1310 (9 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024-017060

Judge

Holland-Muter

Urgent application dismissed: the court refused contempt, oral evidence, and renewed interim interdict relief, and awarded costs including two counsel.

• Contempt Of Court
• Interim Interdict
• Referral To Oral Evidence
• Urgency Rule 6 12
• Costs Award
• Urgent-applications

South African Professional Firearms Trainers Council NPC v Quality Council for Trades and Occupations and Others (097482/2024)

South African Professional Firearms Trainers Council NPC v Quality Council for Trades and Occupations and Others (097482/2024) [2024] ZAGPPHC 1388 (2 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

097482/2024

Judge

M.P. Motha

High Court struck an urgent interim interdict application off the roll, finding the applicant had not shown urgency around a firearm-training skills programme.

• Interim Interdict
• Urgency Rule 6 12
• Delegation Of Statutory Powers
• Skills Development Act
• National Qualifications Framework
• Interim-interdict

Pilane o.b.o The Organising Committee of the Bakgatla Ba Kgafela Kgothe and Another v MEC for Co-Oprative Governance and Traditional Affairs, NW Province and Another (UM217/2023)

Pilane o.b.o The Organising Committee of the Bakgatla Ba Kgafela Kgothe and Another v MEC for Co-Oprative Governance and Traditional Affairs, NW Province and Another (UM217/2023) [2024] ZANWHC 11 (18 January 2024)

Court

North West High Court, Mafikeng

Case number

UM217/2023

Judge

J.T. Djaje

The High Court dismissed a reconsideration application against an urgent interdict restraining a Bakgatla ba Kgafela community meeting and ordered costs against Mr Pilane.

• Interim Interdict
• Traditional Leadership
• Urgency Rule 6 12
• Costs Order
• Community Meeting Interdict
• Interim-interdict

C.B v K.E.B (4625/2021)

C.B v K.E.B (4625/2021) [2023] ZAGPPHC 2053 (29 December 2023)

Court

North Gauteng High Court, Pretoria

Case number

4625/2021

Judge

M Malatsi-Teffo

The court found that the urgency regarding the appointment of a forensic expert was self-created, as the applicant had long been aware of the child's distress but failed to act promptly. The Rule 43 application already addressed issues of access, custody, and expert appointment, providing an alternative remedy. However, the dispute over school enrolment was urgent because the child risked losing her place for the upcoming academic year if the deadlock persisted. The court exercised its discretion as upper guardian, prioritizing the child's best interests over parental convenience. It determin…

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• School Enrolment Dispute
• Best Interests Of Child
• Parental Responsibilities And Rights
• Children Act Section 18
• Urgency Rule 6 12
• Custody And Contact

Sejake v Ratlou Local Municipality and Others (UM185/2022)

Sejake v Ratlou Local Municipality and Others (UM185/2022) [2023] ZANWHC 205 (17 November 2023)

Court

North West High Court, Mafikeng

Case number

UM185/2022

Judge

Moagi

The court found that the applicant had established urgency under Rule 6(12) due to the immediate and ongoing harm caused by the attachment of his salary, which prevented him from meeting monthly obligations. The judgment of Reid J, although arguably interlocutory, had a substantial and immediate effect on the applicant's rights and finances. In the interests of justice, and considering the harm suffered, the court deemed it appropriate to suspend and stay the writ of execution and notice of attachment pending the finalisation of the application for leave to appeal or appeal. The court also or…

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• Writ Of Execution
• Urgency Rule 6 12
• Suspension Pending Appeal
• Interlocutory Order
• Joinder And Non Joinder

Appolus and Others v Naledi Local Municipality and Others (UM199/2023)

Appolus and Others v Naledi Local Municipality and Others (UM199/2023) [2023] ZANWHC 214 (17 November 2023)

Court

North West High Court, Mafikeng

Case number

UM199/2023

Judge

FMM Reid

High Court urgent application to enforce a prior judgment pending appeal under section 18(3) of the Superior Courts Act. Non-compliance was condoned and costs awarded against the opposing respondents.

• Enforcement Of Judgment
• Section 18 Superior Courts Act
• Municipal Manager Appointment
• Urgency Rule 6 12
• Section-18-superior-courts-act
• Urgent-application

Luelle Consulting (Pty) Ltd and Another v Hamann and Another (2023-034510)

Luelle Consulting (Pty) Ltd and Another v Hamann and Another (2023-034510) [2023] ZAGPJHC 1310 (15 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023-034510

Judge

Malungana

Urgent interdict granted to restore access to a company bank account, with the second applicant authorised to litigate for the company under section 165(6) of the Companies Act.

• Interim Interdict
• Shareholder Dispute
• Bank Account Access
• Section 165 Companies Act
• Urgency Rule 6 12
• Corporate Governance