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South Africa decisions
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Phumo and Another v National Director of Public Prosecutions (2024/110053) [2025] ZAGPPHC 735 (21 July 2025)
The court declined to set aside a preservation order, finding service complaints unpersuasive and directing service on the remaining affected respondents.
Maboko v Minister of Police and Others (2025-033306) [2025] ZAGPPHC 389 (11 April 2025)
The court held that the mandament van spolie is not available where property is seized by the police under statutory authority and not as a result of a possessory dispute or self-help. The police did not stake any possessory or ownership rights over the vehicle, but acted under the Criminal Procedure Act in investigating a reported robbery. The applicant's claim for spoliation fails because the seizure was lawful and statutorily authorised, and any challenge to the legality of the police's actions should be brought by way of judicial review, not spoliation. The applicant's claims for patrimon…
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Eskom Holdings SOC Ltd v City of Johannesburg Metropolitan Municipality and Others (2024/075944) [2024] ZAGPJHC 882 (6 September 2024)
The High Court struck Eskom’s urgent application from the roll, holding that it failed to show exceptional urgency for its large money claims.
Cassim and Another v Ndame (073195/2024) [2024] ZAGPPHC 794 (7 August 2024)
The court found that the applicants were not in peaceful and undisturbed possession of the premises at the time of the alleged spoliation. The lease agreement had been cancelled due to non-payment, and the applicants were notified to vacate. The fact that their movables remained at the premises did not revive their possession. The applicants had lost effective physical control over the property prior to the alleged spoliation. Consequently, they could not have been unlawfully deprived of possession. The application was urgent but failed on the merits, as the requirements for spoliation were n…
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Western Cape Provincial Minister of Local Government, Environmental Affairs and Development Planning v Central Karoo District Municipality and Others (4835/2023) [2023] ZAWCHC 66; [2023] 7 BLLR 717 (WCC); (2023) 44 ILJ 1832 (WCC) (3 April 2023)
The High Court held that de facto senior management experience does not count for acting municipal manager appointments under section 54A of the Systems Act.
Okavango Minerals (Pty) Ltd v Bila Mining (Pty) Ltd and Others (2018/37941; 2018/38743) [2019] ZAGPJHC 89 (15 March 2019)
The court found that the respondents' reliance on the force majeure clause in the supply agreement was bona fide and based on reasonable grounds, given the adverse market conditions and economic downturn affecting the feasibility of supplying chrome ore at the agreed price. The respondents did not act in wilful or deliberate contempt of the Tsoka J order, as their non-performance was excused by the contractual provision and the dispute of fact regarding market conditions. The applicant's approach failed to account for the contractual defences available to the respondents, and the matter was n…
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Roan Coal (Pty) Limited v Nonyane NO and Others (55323/17) [2018] ZAGPPHC 275 (31 January 2018)
The High Court dismissed an urgent application with costs and noted that the ex tempore reasons were already on record and could be transcribed.
Klein Dumpie CC and Others v Jaments Entrprise (Pty) Ltd (75134/2016) [2017] ZAGPPHC 336 (2 June 2017)
The court found that the urgency in the application was self-created by the applicants' delay in raising the issue and instituting proceedings. The underlying causa of the order was settled by agreement and made an order of court, ending the original dispute. The alleged error in calculation is a new, unilateral dispute and does not constitute an ongoing dispute of the underlying causa as contemplated by the relevant case law. No proceedings for variation are pending, and the applicants continued to make payments under the order. The applicants would have adequate redress through repayment if…
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Masalesa v Khuphulanani Training Institute and Another (J2594/15) [2016] ZALCJHB 41 (12 January 2016)
The court found, applying the Plascon-Evans rule, that the applicant was not employed by the first respondent but acted as an independent contractor providing consultation services. The application was brought on an urgent basis without sufficient grounds, constituting an abuse of process. The citation of Dell SA, which had no interest in the matter, further demonstrated abuse. The application was dismissed, and costs were awarded against the applicant, but not on a punitive scale.
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Marais N.O. and Others v Kondos (5192/2013) [2014] ZAFSHC 2 (9 January 2014)
The High Court granted an urgent eviction application by trustees of a family trust, finding no genuine dispute about a month-to-month oral lease.
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