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South Africa Case Law

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Civil Procedure [2025] ZAWCHC 279

C.R.W v L.M.W and Another (12866/2014)

C.R.W v L.M.W and Another (12866/2014) [2025] ZAWCHC 279 (2 July 2025)

The High Court refused a stay of execution pending rescission and granted interim vexatious-litigant relief and security for costs against the applicant.

  • Stay Of Execution
  • Vexatious Litigation
  • Divorce Order Enforcement
  • Security For Costs
  • Rule 45a
  • Vexatious Proceedings Act
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Civil Procedure [2025] ZAGPPHC 653

Botha v Home Obligors Mortgage Enhanced (33723/15)

Botha v Home Obligors Mortgage Enhanced (33723/15) [2025] ZAGPPHC 653 (11 June 2025)

The High Court dismissed an application for declaratory relief and declared the applicant a vexatious litigant after years of repeated, unsuccessful challenges.

  • Declaratory Order
  • Vexatious Litigation
  • Mortgage Bond Enforcement
  • Default Judgment
  • Res Judicata
  • Vexatious-litigation
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Civil Procedure [2025] ZAGPJHC 340

Lekalakala v Transnet SOC Limited and Others (19753/2019)

Lekalakala v Transnet SOC Limited and Others (19753/2019) [2025] ZAGPJHC 340 (3 April 2025)

The court found that the respondent's repeated institution of recission applications on substantially the same grounds, his failure to provide a valid address for execution of cost orders, and his evasive conduct amounted to vexatious litigation and an abuse of process. The applicants, as a public entity, are entitled to protection from such conduct, especially where public funds are at stake. The respondent's explanations for delay and change of address were unconvincing, and his attorneys' lack of cooperation further prejudiced the applicants. The court exercised its discretion to order sec…

  • Security For Costs
  • Vexatious Litigation
  • Uniform Rule 47
  • Recission Application
  • Attorney Client Costs
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Civil Procedure [2025] ZAECQBHC 10

Gcora and Another v Nelson Mandela Bay Municipality and Another (1414/2016 ; 992/2016)

Gcora and Another v Nelson Mandela Bay Municipality and Another (1414/2016 ; 992/2016) [2025] ZAECQBHC 10 (1 April 2025)

The court held that the applicants, having been declared vexatious litigants, bore the evidential burden to demonstrate bona fide claims with prima facie merit in their requests for leave to institute proceedings. Both requests were unsupported by affidavit and failed to identify a clear cause of action or relief sought. The proposed interdict proceedings sought to challenge cost orders and judgments that had reached finality, which is impermissible. The enforcement proceedings were based on mediation outcomes, but the applicants had no contractual nexus with the municipality or the MEC, and…

  • Vexatious Litigation
  • Leave To Institute Proceedings
  • Public Protector Remedial Action
  • Municipal Tender Disputes
  • Prescription Of Claims
  • Joinder And Locus Standi
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Civil Procedure [2025] ZAWCHC 108

Curro Heights Properties (Pty) Ltd v Nomic 151 (Pty) Ltd and Others (Leave to Appeal) (22696/2024)

Curro Heights Properties (Pty) Ltd v Nomic 151 (Pty) Ltd and Others (Leave to Appeal) (22696/2024) [2025] ZAWCHC 108 (17 March 2025)

The High Court refused leave to appeal after an out-of-time application, finding no condonation was sought and no reasonable prospects of success were shown.

  • Leave To Appeal
  • Vexatious Litigation
  • Separate Legal Persona
  • Business Rescue
  • Condonation For Late Filing
  • Leave-to-appeal
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Civil Procedure [2025] ZAGPPHC 230

Beamish v Van Der Merwe (17916/2022)

Beamish v Van Der Merwe (17916/2022) [2025] ZAGPPHC 230 (11 March 2025)

The court found that the applicant failed to discharge the onus of proving that the respondent's conduct meets the stringent requirements of the Vexatious Proceedings Act. The evidence showed that while the respondent had instituted and subsequently withdrawn several proceedings, there was no pattern of persistent litigation without reasonable grounds. The National Prosecuting Authority's statement that the respondent's allegations 'could be true' undermined the applicant's contention that the proceedings were baseless. Furthermore, no further proceedings were instituted by the respondent aft…

  • Vexatious Litigation
  • Vexatious Proceedings Act
  • Abuse Of Process
  • Costs Award
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Civil Procedure [2025] ZAWCHC 70

Pieters N.O v Pienaar and Others (15691/2023 ; 16769/2023 ; 13665/2016)

Pieters N.O v Pienaar and Others (15691/2023 ; 16769/2023 ; 13665/2016) [2025] ZAWCHC 70; [2025] 3 All SA 224 (WCC) (27 February 2025)

The court declared Deon Johan Pienaar a vexatious litigant, barred further steps without leave, and provisionally sequestrated his estate after finding persistent abuse of process.

  • Vexatious Litigation
  • Liquidation Proceedings
  • Piercing The Corporate Veil
  • Security For Costs
  • Sequestration
  • Locus Standi
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Land And Property [2025] ZAWCHC 86

O.M v B.M and Others (13717/24)

O.M v B.M and Others (13717/24) [2025] ZAWCHC 86 (24 February 2025)

High Court costs ruling in a property dispute between former spouses, where the substantive relief became moot and the first respondent was ordered to pay attorney-and-client costs.

  • Vacant Occupation
  • Division Of Joint Property
  • Costs Award
  • Vexatious Litigation
  • Costs-order
  • Mootness
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Labour Law [2025] ZALCD 7

Govender v Kwazulu Natal Office of Premier (D 601/2023)

Govender v Kwazulu Natal Office of Premier (D 601/2023) [2025] ZALCD 7; (2025) 46 ILJ 1720 (LC) (20 February 2025)

The court found that Govender's conduct did not amount to vexatious litigation. His applications were legitimate attempts to enforce an arbitration award and secure compliance with court orders, particularly in light of the respondent's failure to finalize the security issue and their delay in proceedings. The respondent's application to declare Govender a vexatious litigant was brought in bad faith, as there was no evidence of persistent, unreasonable litigation. The contempt application was dismissed because the respondent had filed for leave to appeal and had complied with procedural requi…

  • Contempt Of Court
  • Vexatious Litigation
  • Arbitration Award Enforcement
  • Security For Review
  • Unfair Dismissal
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Civil Procedure [2025] ZAGPPHC 22

Motswako Office Solutions (Pty) Ltd v Voigt (Previously Van Niekerk) (030796/2022)

Motswako Office Solutions (Pty) Ltd v Voigt (Previously Van Niekerk) (030796/2022) [2025] ZAGPPHC 22 (13 January 2025)

The High Court dismissed an application for security for costs against an incola plaintiff alleging sexual harassment, finding no proof of inability to pay or abusive litigation.

  • Security For Costs
  • Uniform Rule 47
  • Vexatious Litigation
  • Abuse Of Process
  • Security-for-costs
  • Uniform-rule-47
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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.