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South Africa decisions
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Naude and Another v South African Legal Practice Council (A262/2023) [2025] ZAGPPHC 774 (12 August 2025)
The High Court upheld an appeal against the suspension of attorney Wynand Naude, finding the LPC’s investigation and urgent suspension application were unjustified.
Caterpillar Financial Services South Africa (Pty) Ltd v Musor Consultants and Project CC (2025/023190) [2025] ZAGPJHC 763 (5 August 2025)
The court found that the respondent failed to set out sufficient circumstances to render the reconsideration application urgent. The respondent's allegations of prejudice, loss of contract, and reputational harm were unsupported by documentary evidence and were not causally linked to the repossession of the equipment. The respondent delayed bringing the application without adequate explanation and imposed unreasonable time constraints on the applicant. The court held that urgency in reconsideration applications is not automatic and must be independently established. As the respondent did not…
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Scholtz and Another v TMA Express Road (Pty) Ltd and Another (2025/071413) [2025] ZAGPJHC 750 (4 August 2025)
The court held that the restraint of trade clause was not overly broad, as its purpose is to prevent a former employee from exploiting customer connections, and the collateral effect of prohibiting dealings with new customers is justified. The order did not create a new contract but reflected the wide ambit of the restraint clause itself. The court found that a reasonable apprehension of harm, rather than proof of actual breach, is sufficient for a final interdict regarding confidential information. The facts demonstrated a risk of harm, including Mr Scholtz's possession and use of customer c…
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Fourie v Botha and Others (500/2024) [2025] ZANCHC 70 (1 August 2025)
The High Court awarded party-and-party costs after an urgent application, but refused punitive attorney-and-client costs for lack of a proper founding case.
Jabula Bleggings (Pty) Ltd and Others v Van Der Nist and Others (2025/108623) [2025] ZAKZPHC 69 (30 July 2025)
The court found that the Applicants failed to establish urgency beyond self-created circumstances and did not satisfy the requirements for a Mareva injunction. There was no evidence that Respondents intended to dissipate assets or frustrate any claim. The property remained registered in the names of First and Second Respondents, and any claims for breach of contract or damages could be resolved in the pending action. The application was substantially similar to previous proceedings dismissed on the merits, rendering the matter res judicata. The resignation of First Respondent as director of F…
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Mgidlana v Postbank Soc Limited and Others (2025/117625) [2025] ZALCJHB 336 (30 July 2025)
Urgent labor application struck off the roll for lack of urgency after the court found the delay self-created and noted several issues had already been resolved.
Kempston Employment Solutions v Commission For Conciliation, Mediation and Arbitration and Others (2025/057504) [2025] ZALCPE 13 (29 July 2025)
The court held that the applicant failed to comply with the clear statutory requirements of section 145(7) and (8) of the LRA, which mandate the furnishing of security to suspend the operation of an arbitration award pending review. The applicant did not provide any substantive or justifiable reason for its failure to furnish security, nor did it seek an exemption from the Labour Court in a timely manner. The urgency of the application was self-created due to the applicant's delay and non-compliance. The court found that the application to stay enforcement was without merit and constituted an…
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G.D v G.J.D and Others (2427/2020) [2025] ZAECQBHC 22 (29 July 2025)
The High Court set aside an urgent order suspending business rescue, holding that affected employees and creditors were not joined and would be prejudiced.
Ramuthwala v Hudaco Trading (Pty) Ltd ta Ambro Steel (J614/2024) [2025] ZALCJHB 319 (25 July 2025)
The Labour Court struck an urgent application off the roll, finding the applicant failed to show urgency and had other adequate remedies for his backpay claim.
Djoufang v Snyders and Others (Reasons) (2025/105798) [2025] ZAWCHC 297 (21 July 2025)
The High Court held that a late, defective notice of appeal did not suspend an eviction order and directed the sheriff to execute the warrant.
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