South Africa Case Law

Stellenbosch University v Carlson and Another (12735/2023)

Stellenbosch University v Carlson and Another (12735/2023) [2024] ZAWCHC 385 (22 November 2024)

Court

Western Cape High Court, Cape Town

Case number

12735/2023

Judge

Pangarker

The court found that Carlson and the second respondent were declared vexatious litigants and served with the relevant order. Despite this, Carlson instituted proceedings in the Equality Court and the Constitutional Court without obtaining leave, in clear contravention of section 2(1)(b) of the Vexatious Proceedings Act. Carlson's answering affidavit and conduct, including abusive communications and threats, demonstrated wilful and mala fide contempt for the court's authority and the rule of law. The court held that the requirements for contempt were established beyond reasonable doubt. The ap…

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• Vexatious Litigant
• Contempt Of Court
• Jurisdiction
• Traditional Leadership
• Constitutional Compliance

Mawere v Master of the High Court of South Africa and Another (123899/2023)

Mawere v Master of the High Court of South Africa and Another (123899/2023) [2024] ZAGPJHC 860 (29 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

123899/2023

Judge

Du Plessis

The applicant, Mutumwa Dziva Mawere, was declared a vexatious litigant and prohibited from instituting proceedings without leave of court. Despite clear knowledge of the order and repeated warnings, he persisted in filing applications against the Master of the High Court without seeking leave. The requirements for contempt—existence of an order, knowledge of the order, and non-compliance—were all satisfied. Wilfulness and mala fides are presumed and further evidenced by the applicant's conduct. Given the sequestration of his estate, a fine would not be effective. The only appropriate sanction…

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• Contempt Of Court
• Vexatious Litigant
• Vexatious Proceedings Act
• Costs Order
• Sequestration

Mawere v Master of The High Court of South Africa (123899/2023)

Mawere v Master of The High Court of South Africa (123899/2023) [2024] ZAGPJHC 356 (11 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

123899/2023

Judge

Pearse AJ

Leave to appeal was dismissed after the court found no reasonable prospect of success and no other compelling reason to permit an appeal.

• Leave To Appeal
• Vexatious Litigant
• Urgent Application
• Corporate Status Dispute
• Leave-to-appeal
• Urgent-application

Jiyana and Another v Hardisty and Others (22862/2023)

Jiyana and Another v Hardisty and Others (22862/2023) [2024] ZAWCHC 4 (19 January 2024)

Court

Western Cape High Court, Cape Town

Case number

22862/2023

Judge

Lekhuleni

Urgent application by declared vexatious litigants dismissed for failure to obtain leave and because the challenge to the consent and eviction orders lacked merit.

• Vexatious Litigant
• Urgent Interdict
• Eviction Order
• Consent Order
• National Credit Act
• Abuse Of Process

Mawere v Master Of The High Court Of South Africa and Another (123899/2023 ; 040602/2016)

Mawere v Master Of The High Court Of South Africa and Another (123899/2023 ; 040602/2016) [2023] ZAGPJHC 1412 (5 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

123899/2023

Judge

Pearse AJ

The High Court struck an urgent application from the roll for lack of urgency, allowed SMM Holdings to intervene, and ordered the applicant to show cause on contempt.

• Sequestration Order
• Locus Standi
• Vexatious Litigant
• Urgent Application
• Contempt Of Court
• Urgent-applications

Nobre and Another v Sneech (15236/2018)

Nobre and Another v Sneech (15236/2018) [2023] ZAGPJHC 589 (30 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

15236/2018

Judge

Fisher

The High Court found the respondent in contempt for breaching a vexatious litigant order and imposed a suspended 60-day sentence with attorney-and-client costs.

• Vexatious Litigant
• Contempt Of Court
• Costs Award
• Sequestration
• Rule 53 Review
• Contempt-of-court

Mangolele and Others v S and Others In re Mangolele v S and Others (3373/2022)

Mangolele and Others v S and Others In re Mangolele v S and Others (3373/2022) [2022] ZAFSHC 215 (29 August 2022)

Court

Free State High Court, Bloemfontein

Case number

3373/2022

Judge

P.E Molitsoane

The applicants failed to comply with the Western Cape High Court order declaring the first applicant a vexatious litigant, as they did not obtain leave to institute proceedings, did not provide security for costs, and did not satisfy previous cost orders. The court found no evidence of compliance or appeal against the order. The Free State High Court lacks jurisdiction to entertain an appeal or rescission of an order from a court of equal standing. The application was found to be an abuse of process, lacking merit and proper cause of action. The applicants, including those not party to the We…

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• Vexatious Litigant
• Jurisdiction
• Abuse Of Process
• Security For Costs

South African Reserve Bank v Chauke (2021/40383)

South African Reserve Bank v Chauke (2021/40383) [2022] ZAGPJHC 162 (18 March 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2021/40383

Judge

Mudau

The court found that the respondent was aware of the order declaring him a vexatious litigant and the requirements imposed, including obtaining leave before instituting proceedings and providing security for costs. Despite this, the respondent continued to institute proceedings without complying with the order, and his explanations were found to be irrelevant, unintelligible, and intentionally misleading. The applicant proved the existence of the order, service, non-compliance, and the respondent's wilfulness and mala fides beyond reasonable doubt. The respondent failed to discharge the evide…

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• Vexatious Litigant
• Contempt Of Court
• Costs Order
• Security For Costs

Kekana v Mogalakwena Local Municipality (3352/2016)

Kekana v Mogalakwena Local Municipality (3352/2016) [2018] ZALMPPHC 25 (16 May 2018)

Court

Limpopo High Court, Polokwane

Case number

3352/2016

Judge

E M Makgoba

The High Court dismissed an application to rescind a default order declaring the applicant a vexatious litigant, finding wilful default and no bona fide defence.

• Rescission Of Judgment
• Vexatious Litigant
• Service Of Process
• Wilful Default
• Rescission-of-judgment
• Wilful-default

Spitz v Firstrand Bank Limited and Others (69692-2014; 32230-2001; 87714-2014)

Spitz v Firstrand Bank Limited and Others (69692-2014; 32230-2001; 87714-2014) [2017] ZAGPPHC 254 (1 June 2017)

Court

North Gauteng High Court, Pretoria

Case number

69692/2014

Judge

Murphy

The High Court dismissed an application for leave to appeal against orders refusing rescission, granting provisional sequestration, striking out proceedings, and declaring the applicant a vexatious litigant.

• Leave To Appeal
• Vexatious Litigant
• Rescission Of Judgment
• Provisional Sequestration
• Costs Award
• Leave-to-appeal