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South Africa Case Law

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Civil Procedure [2025] ZALCC 28

Tedstone Flats CC and Others v Maple View Investments (Pty) Ltd and Others (LCC209/2021B)

Tedstone Flats CC and Others v Maple View Investments (Pty) Ltd and Others (LCC209/2021B) [2025] ZALCC 28 (11 June 2025)

The Land Court reopened a moot land-relocation matter to decide reserved costs and ordered the City of Ekurhuleni to pay Part A costs, including two counsel.

  • Variation Of Court Orders
  • Costs Award
  • Functus Officio
  • Review Application Mootness
  • Municipal Obligations
  • Public Interest Litigation
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Civil Procedure [2025] ZAGPJHC 386

CADAC Pension Fund and Others v Nash and Others (43585/2019)

CADAC Pension Fund and Others v Nash and Others (43585/2019) [2025] ZAGPJHC 386 (16 April 2025)

The High Court refused to discharge an interim interdict preserving the status quo in a pension fund dispute, finding the main case remains live.

  • Interim Interdict
  • Pension Fund Curatorship
  • Section 37d Pension Funds Act
  • Variation Of Court Orders
  • Paid Up Fund Status
  • Interim-interdict
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Civil Procedure [2024] ZAWCHC 390

Lions Hill Development Company (Pty) Limited and Others v Investec Bank Limited (8491/2022)

Lions Hill Development Company (Pty) Limited and Others v Investec Bank Limited (8491/2022) [2024] ZAWCHC 390 (26 November 2024)

The court found that the applicants had unequivocally acquiesced in the settlement agreements and addenda made orders of court, thereby perempting any right to seek rescission or variation. The applicants benefited from the orders, negotiated further terms, and only challenged the orders when enforcement became imminent. The orders, though incorporating some terms not strictly part of the original action, were entered into within the context of litigation and are not objectionable. The orders are final, clear, and enforceable as judgments, establishing liability for the consolidated debt, cos…

  • Rescission Of Judgment
  • Settlement Agreement
  • Peremption
  • Enforcement Of Judgments
  • Special Executability
  • Variation Of Court Orders
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Land And Property [2024] ZALCC 38

Sadien NO and Others v Sadien and Others (LCC26/10)

Sadien NO and Others v Sadien and Others (LCC26/10) [2024] ZALCC 38 (1 November 2024)

The Court held that the intervening parties are entitled to be substituted as claimants under the original restitution orders because the evidence demonstrates that the original applicants acted in a representative capacity for the Sadien family, and the orders were intended to benefit the family as a whole. The Commission processed the claim as a consolidated family claim, and all relevant parties except SARDA consented to the relief. SARDA lacks standing to oppose the intervention or seek rescission or variation of the orders, as its interest is limited to compensation, per the Constitution…

  • Restitution Of Land Rights Act
  • Family Land Claims
  • Variation Of Court Orders
  • Standing And Intervention
  • Compensation For Land Dispossession
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Civil Procedure [2024] ZAGPPHC 748

South African Municipal Workers Union National Provident Fund v Tlokwe Local Municipality and Others (A129/22)

South African Municipal Workers Union National Provident Fund v Tlokwe Local Municipality and Others (A129/22) [2024] ZAGPPHC 748 (29 July 2024)

Appeal dismissed against refusal to vary a consent order under Rule 42(1)(c) for alleged common mistake about the Fund’s tax status.

  • Variation Of Court Orders
  • Common Mistake
  • Income Tax Act
  • Pension Funds Act
  • Motion Proceedings
  • Rule-42-variation
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Civil Procedure [2024] ZAECBHC 12

M.M v Member of the Executive Council for the Department of Health, Eastern Cape (920/2021)

M.M v Member of the Executive Council for the Department of Health, Eastern Cape (920/2021) [2024] ZAECBHC 12 (27 May 2024)

The High Court held the defendant bound by pre-trial and expert admissions and ordered payment of caregiving and trust costs within 30 days.

  • State Liability Amendment Act
  • Public Finance Management Act
  • Payment Of Judgment Debt
  • Trust Management Costs
  • Variation Of Court Orders
  • Pre-trial-minute
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Civil Procedure [2024] ZAGPPHC 436

Sandenbergh and Another v Master of the High Court and Another (087032-2023)

Sandenbergh and Another v Master of the High Court and Another (087032-2023) [2024] ZAGPPHC 436 (29 April 2024)

The Full Court's binding precedent in In Re Protection of Certain Personal Injury Awards requires that references to the Administration of Estates Act and curator bonis remuneration be removed from protective trust orders and deeds. Trustee remuneration and administration costs must be set out in detail in the court order or trust instrument, based on evidence of complexity and administrative burden. The applicants' proposed fee structure, including fixed drafting and registration fees, annual management fees, and specific administration costs, is reasonable and equitable for the consolidated…

  • Protective Trusts
  • Trustee Remuneration
  • Administration Of Estates Act
  • Road Accident Fund Act
  • Variation Of Court Orders
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Family And Children [2024] ZAGPPHC 346

F.H v S.F.H (126003/2023)

F.H v S.F.H (126003/2023) [2024] ZAGPPHC 346 (8 April 2024)

Leave to appeal was refused in a child-contact dispute, with the court holding it could correct obvious errors in its earlier orders and that no appealable prospect existed.

  • Leave To Appeal
  • Variation Of Court Orders
  • Best Interests Of Child
  • Costs Order
  • Urgency
  • Contact Rights
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Civil Procedure [2024] ZAGPPHC 308

New GX Enviro Solutions and Logistics Holdings (Pty) Ltd v City of Tshwane Metropolitan Municipality (53694/2020)

New GX Enviro Solutions and Logistics Holdings (Pty) Ltd v City of Tshwane Metropolitan Municipality (53694/2020) [2024] ZAGPPHC 308 (2 April 2024)

The High Court dismissed New GX’s leave-to-appeal application, finding no reasonable prospects of success or compelling reason to revisit the Rule 42(1)(b) ruling.

  • Variation Of Court Orders
  • Rule 42 Application
  • Declaratory Relief
  • Accrued Rights
  • Just And Equitable Remedy
  • Leave-to-appeal
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Land And Property [2023] ZALCC 45

Pietersen and Others v Drakenstein Municipality and Others (LCC88/2019B)

Pietersen and Others v Drakenstein Municipality and Others (LCC88/2019B) [2023] ZALCC 45 (18 December 2023)

The Land Claims Court is a creature of statute and derives its powers from the Restitution of Land Rights Act. Section 35(11) of the Act expressly prohibits the court from varying or suspending orders made by the Supreme Court of Appeal; such applications must be made to the appellate court itself. The relief sought by the applicants, including suspension, variation, or addition to the SCA order, falls outside the jurisdiction of this court. The municipality has not discharged its obligation under the SCA order, as it has only made offers of accommodation but has not made emergency housing av…

  • Eviction Proceedings
  • Contempt Of Court
  • Emergency Housing
  • Jurisdiction Of Land Claims Court
  • Constitutional Right To Housing
  • Variation Of Court Orders
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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.