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South Africa Case Law

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Civil Procedure [2025] ZAGPPHC 766

Nedile Lodge (Pty) Ltd and Another v City of Tshwane Metropolitan Municipality (Leave to Appeal) (23/013897)

Nedile Lodge (Pty) Ltd and Another v City of Tshwane Metropolitan Municipality (Leave to Appeal) (23/013897) [2025] ZAGPPHC 766 (21 July 2025)

The High Court corrected and varied its earlier order under Rule 42(1)(b) and dismissed the leave to appeal, finding no merit in the proposed grounds.

  • Leave To Appeal
  • Variation Of Order
  • Lease Agreement Interpretation
  • Costs Orders
  • Declaratory Relief
  • Leave-to-appeal
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Civil Procedure [2025] ZAGPPHC 432

Baumann v DB Fine Chemicals (Pty) Ltd and Another (Variation) (2024-032290)

Baumann v DB Fine Chemicals (Pty) Ltd and Another (Variation) (2024-032290) [2025] ZAGPPHC 432 (9 May 2025)

The High Court varied its earlier order under Rule 42(1)(b) to correct an omission by specifying that the costs are party and party costs on scale B.

  • Variation Of Order
  • Rule 42 Uniform Rules
  • Costs Award
  • Patent Error Or Omission
  • Rule-42
  • Variation-of-order
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Civil Procedure [2025] ZAGPPHC 465

Du Preez N.O obo Shabangu v MEC for Health, Gauteng (58051/2018)

Du Preez N.O obo Shabangu v MEC for Health, Gauteng (58051/2018) [2025] ZAGPPHC 465 (2 May 2025)

The High Court varied a prior order under Rule 42(1)(b) to correct a patent omission and include costs, including curator ad litem costs.

  • Variation Of Order
  • Patent Error Or Omission
  • Costs Of Curator Ad Litem
  • Separation Of Liability And Quantum
  • Variation-of-order
  • Patent-error-or-omission
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Banking And Finance [2025] ZANCT 14

Fortune v Wesbank, A Division of Firstrand Bank Ltd and Another (NCT/356687/2024/165)

Fortune v Wesbank, A Division of Firstrand Bank Ltd and Another (NCT/356687/2024/165) [2025] ZANCT 14 (7 April 2025)

The Tribunal varied a consent order under section 165 of the National Credit Act, replacing an erroneous acceptance letter with an amended one from Wesbank.

  • National Credit Act
  • Debt Review
  • Variation Of Order
  • Consent Order
  • Rescission
  • Payment Arrangement Error
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Labour Law [2025] ZALCJHB 106

Oliphant v Motor Industry Fund Administrators and Other (011365/2025)

Oliphant v Motor Industry Fund Administrators and Other (011365/2025) [2025] ZALCJHB 106 (3 March 2025)

The Labour Court condoned non-compliance in an urgent salary dispute, interdicted unlawful withholding and deductions from remuneration, and varied the order to make no costs order.

  • Urgent Interdict
  • Unlawful Deduction
  • Remuneration Dispute
  • Variation Of Order
  • Urgent-interdict
  • Unlawful-deduction
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Labour Law [2025] ZALCJHB 103

Steve Tshwete Local Municipality v Miyambu and Others (Application for Leave to Appeal) (002049/2025)

Steve Tshwete Local Municipality v Miyambu and Others (Application for Leave to Appeal) (002049/2025) [2025] ZALCJHB 103 (3 March 2025)

The Labour Court refused leave to appeal in a dispute about urgency, section 197 transfers, unpaid salaries, and a corrected order.

  • Section 197 Transfer
  • Urgent Application
  • Variation Of Order
  • Arrear Salaries
  • Basic Conditions Of Employment
  • Leave To Appeal Test
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Administrative Law [2025] ZANCT 1

Williams v Cell C Ltd (NCT/300948/2023/75(1)(b))

Williams v Cell C Ltd (NCT/300948/2023/75(1)(b)) [2025] ZANCT 1 (18 February 2025)

The Tribunal varied its earlier judgment to remove section 4(4)(a) of the Consumer Protection Act from the list of contraventions, correcting an obvious error.

  • Consumer Protection Act
  • Variation Of Order
  • Obvious Error
  • Contractual Interpretation
  • Consumer-protection-act
  • Variation-of-order
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Civil Procedure [2025] ZAGPPHC 146

Kukard N.O and Others v ABSA Bank Limited and Others (Leave to appeal) (115284/2023)

Kukard N.O and Others v ABSA Bank Limited and Others (Leave to appeal) (115284/2023) [2025] ZAGPPHC 146 (13 February 2025)

The High Court granted leave to appeal against a refused postponement and upheld a Rule 42 variation to clarify costs in an exception matter.

  • Leave To Appeal
  • Exception Procedure
  • Postponement Application
  • Costs Order
  • Variation Of Order
  • Leave-to-appeal
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Civil Procedure [2025] ZAFSHC 27

Maluti-A-Phofung Local Municipality v Kill Crime Security Service (Pty) Ltd and Others (Amended Order) (2237/2023)

Maluti-A-Phofung Local Municipality v Kill Crime Security Service (Pty) Ltd and Others (Amended Order) (2237/2023) [2025] ZAFSHC 27 (6 February 2025)

The court found that the amount stated in the original order was a typographical error and that the correct amount was R27 000 000.00. The court exercised its power under Rule 42(1)(b) to vary the order accordingly. Furthermore, the service level agreements and acknowledgment of debt between the applicant and first respondent were declared constitutionally invalid, as they did not comply with constitutional requirements. The applicant was granted leave to oppose the relief sought by the first respondent within five days. The first respondent was ordered to pay the costs of the application, in…

  • Rescission Of Judgment
  • Variation Of Order
  • Service Level Agreement
  • Acknowledgment Of Debt
  • Constitutional Invalidity
  • Costs Award
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Criminal Law [2024] ZAGPJHC 1321

National Director of Public Prosecutions v Alkpehae and Another (39174/2019)

National Director of Public Prosecutions v Alkpehae and Another (39174/2019) [2024] ZAGPJHC 1321; [2025] 2 All SA 298 (GJ); 2025 (1) SACR 590 (GJ) (19 December 2024)

The High Court lacks jurisdiction to vary a confiscation order issued by the Regional Court, and the variation application is both incompetent and out of time. The requirements for a realisation order under sections 30 and 31 of POCA are satisfied: a confiscation order exists, is final, and unsatisfied. Section 52 of POCA, which allows exclusion of interests for innocent owners, applies only to forfeiture orders and not to confiscation or realisation orders. Where a defendant is married in community of property, the liability to satisfy a confiscation order attaches to the joint estate, and b…

  • Prevention Of Organised Crime Act
  • Confiscation Order
  • Realisation Of Property
  • Variation Of Order
  • Innocent Owner Rights
  • Special Executability
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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.