South Africa Case Law

Chibane and Another v Premier of Province of Kwazulu-Natal (DA15/2024)

Chibane and Another v Premier of Province of Kwazulu-Natal (DA15/2024) [2025] ZALAC 44 (15 July 2025)

Court

Labour Appeal Court

Case number

DA15/2024

Judges

Van Niekerk, Tokota, Basson

The Labour Appeal Court held that the Labour Court does not have general jurisdiction to intervene in incomplete disciplinary proceedings or to grant declaratory relief regarding delay and waiver unless specifically conferred by statute. The pleadings did not invoke any statutory provision or contractual basis for the claims advanced, and no permissible ground for review was articulated. The Labour Court was correct to refuse to entertain the review application in medias res, as there is a general rule against reviewing interlocutory rulings mid-process absent exceptional circumstances. The a…

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• Labour Court Jurisdiction
• Disciplinary Proceedings
• Unreasonable Delay
• Waiver Of Rights
• Review Of Interlocutory Ruling

Sithole v MEC for Health: KwaZulu-Natal (Leave to appeal) (10018/2016P)

Sithole v MEC for Health: KwaZulu-Natal (Leave to appeal) (10018/2016P) [2025] ZAKZPHC 63 (27 June 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

10018/2016P

Judge

Pietersen

The application for leave to appeal was refused because the defendant failed to demonstrate a reasonable prospect of success or any compelling reason for the appeal to be heard. The court found no evidence of a written agreement or waiver by the plaintiff, nor any representation amounting to estoppel. The defendant's reliance on conflicting judgments regarding the effect of striking out a defence was rejected, as the legal position is clear and supported by recent authority. The argument that the order of Hadebe AJ remains suspended due to a pending application for leave to appeal was raised…

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• Leave To Appeal
• Striking Out Of Defence
• Costs Order
• Waiver Of Rights
• Estoppel
• Suspension Of Order

Standard Bank of South Africa Limited v Symes and Another (6037/2023)

Standard Bank of South Africa Limited v Symes and Another (6037/2023) [2025] ZAFSHC 78 (28 February 2025)

Court

Free State High Court, Bloemfontein

Case number

6037/2023

Judge

Naidoo

The High Court held that the bank had cancelled the finance agreements before liquidation, retained ownership of the excavators, and was entitled to sale and rental proceeds.

• Ownership Of Assets
• Instalment Sale Agreements
• Liquidation Proceedings
• Proof Of Claim
• Waiver Of Rights
• Ownership-of-assets

Cindi Family v Minister of Rural Development and Land Reform and Others (LCC 115/2008; LCC 026/2007)

Cindi Family v Minister of Rural Development and Land Reform and Others (LCC 115/2008; LCC 026/2007) [2025] ZALCC 8 (4 February 2025)

Court

Land Claims Court

Case number

LCC 115/2008; LCC 026/2007

Judge

Spilg

The Land Claims Court held that the Cindi Family had not clearly settled its land claim or waived restoration rights, and dismissed the landlords’ Rule 30(6) application.

• Restitution Of Land Rights Act
• Settlement Agreements
• Waiver Of Rights
• Interpretation Of Contracts
• Land-restitution
• Settlement-agreements

De Wet v CCMA and Others (C511/2023)

De Wet v CCMA and Others (C511/2023) [2025] ZALCCT 7 (2 January 2025)

Court

Labour Court Cape Town

Case number

C511/2023

Judge

Whitcher

Labour Court review of an unfair labour practice award involving a precautionary suspension was dismissed. The court found no waiver, unreasonable delay, or unfairness.

• Unfair Labour Practice
• Precautionary Suspension
• Waiver Of Rights
• Unreasonable Delay
• Disciplinary Proceedings
• Precautionary-suspension

Democratic Alliance and Another v Council of Theewaterskloof Local Municipality and Others (19623/2024)

Democratic Alliance and Another v Council of Theewaterskloof Local Municipality and Others (19623/2024) [2024] ZAWCHC 371 (15 November 2024)

Court

Western Cape High Court, Cape Town

Case number

19623/2024

Judge

Lekhuleni

The High Court set aside Theewaterskloof Municipality’s removal of Lincoln De Bruyn as executive mayor and the election of Theunis Zimmerman, citing unlawful procedure and inadequate notice.

• Municipal Structures Act
• Principle Of Legality
• Procedural Fairness
• Motion Of No Confidence
• Waiver Of Rights
• Punitive Costs

Jones N.O v ABSA Bank Limited (A64/2023)

Jones N.O v ABSA Bank Limited (A64/2023) [2024] ZAWCHC 343 (1 November 2024)

Court

Western Cape High Court, Cape Town

Case number

A64/2023

Judges

P.A.L. Gamble, D.S. Kusevitsky, D.M. Thulare

Appeal about a defective loader finance deal and a disputed settlement was upheld. The court held the buyer could still pursue aedilitian damages against ABSA.

• Aedilitian Remedies
• Latent Defects
• Waiver Of Rights
• Public Policy
• Settlement Agreement
• Contract Interpretation

Ixia Trading 616 (Pty) Limited v Von Maltitz and Another (D8163/2024)

Ixia Trading 616 (Pty) Limited v Von Maltitz and Another (D8163/2024) [2024] ZAKZDHC 75 (18 October 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

D8163/2024

Judge

Sibisi AJ

The court found that the applicant had demonstrated a legitimate protectable interest in its business, customer connections, and confidential information, justifying interim relief. Despite the first respondent's challenge to the validity of the restraint of trade agreement, correspondence and documentation indicated that a valid agreement was concluded. The applicant did not waive its rights, and there was no need for joinder of additional parties. The requirements for interim relief were met, and the matter was referred to oral evidence to resolve disputes regarding the existence and breach…

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• Restraint Of Trade
• Interim Interdict
• Protectable Interest
• Waiver Of Rights
• Joinder
• Enforcement Of Contract

Global Aviation Investments Pty Limited v Ingosstrakh (2015/32049)

Global Aviation Investments Pty Limited v Ingosstrakh (2015/32049) [2024] ZAGPJHC 979 (26 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2015/32049

Judge

S Van Nieuwenhuizen

The court held that Ingosstrakh’s purported plea to Claim B was invalid because it was filed while under bar, and allowed default judgment to be sought.

• Notice Of Bar
• Default Judgment
• Waiver Of Rights
• Insurance Contract Dispute
• Notice-of-bar
• Default-judgment

Applemint Properties 108 (Pty) Ltd v Rustenburg Local Municipality and Another (Reasons) (3855/2024)

Applemint Properties 108 (Pty) Ltd v Rustenburg Local Municipality and Another (Reasons) (3855/2024) [2024] ZANWHC 249 (25 September 2024)

Court

North West High Court, Mafikeng

Case number

3855/2024

Judge

T Masike

The court found that the applicant had properly raised a specific dispute regarding the municipal charges, as evidenced by the detailed letter dated 11 October 2023, which enabled the municipality to identify the disputed items and the basis for objection. The court rejected the respondents' argument that the dispute was too general or belated, noting that the municipality's own conduct in investigating the dispute and issuing reconnection instructions confirmed its validity. The court held that the signing of the acknowledgement of debt 'under protest' did not amount to a waiver of the appli…

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• Municipal Services Disconnection
• Interim Interdict
• Waiver Of Rights
• Acknowledgement Of Debt
• Prescription Of Debt