South Africa Case Law

Mafuyeka and Another v Standard Bank of South Africa (3835/18)

Mafuyeka and Another v Standard Bank of South Africa (3835/18) [2025] ZAMPMHC 35 (17 July 2025)

Court

Middelburg High Court, Mpumalanga

Case number

3835/18

Judge

Leso

The applicants failed to identify the specific rule under which their rescission application was brought, but the pleadings and submissions were consistent with Rule 31(2)(b). The explanation for default was unsupported by documentary or confirmatory evidence and was found to lack credibility. The applicants were personally served and chose not to participate, amounting to wilful default. No bona fide defence was established, as the alleged payment arrangement was unsubstantiated and the applicants acknowledged their indebtedness. The requirements for rescission under Rule 31(2)(b) were not m…

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• Rescission Of Default Judgment
• Uniform Rules Of Court Rule 31
• Uniform Rules Of Court Rule 42
• Mortgage Bond Enforcement
• Wilful Default

Yablonek v Thomson (10968/2021)

Yablonek v Thomson (10968/2021) [2025] ZAWCHC 261 (20 June 2025)

Court

Western Cape High Court, Cape Town

Case number

10968/2021

Judge

Sipunzi

The court found that the applicant was not notified of the trial date and his absence was not intentional or deliberate. The explanation for his default was satisfactory and fell within the scope of Rule 42(1)(a). The delay in bringing the rescission application was explained and not unreasonable, considering the applicant's efforts to secure legal representation and obtain trial documents. The applicant demonstrated prospects of success in his counterclaim, which compensated for the delay. On an objective conspectus of all facts, the requirements for rescission under Rule 42(1)(a) were met,…

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• Rescission Of Judgment
• Wilful Default
• Co Ownership Termination
• Universal Partnership
• Delay In Application

Road Accident Fund v Gobhozi (13027/2024)

Road Accident Fund v Gobhozi (13027/2024) [2025] ZAGPPHC 477 (19 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

13027/2024

Judge

C J Collis

The High Court refused condonation and dismissed the Road Accident Fund’s rescission application, finding no good cause, no Rule 42 basis, and wilful default.

• Rescission Of Judgment
• Condonation
• Wilful Default
• Striking Out Of Defence
• Road Accident Fund Act
• Rescission-of-judgment

Kataka v Standard Bank (060093/23)

Kataka v Standard Bank (060093/23) [2025] ZAGPPHC 512 (16 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

060093/23

Judge

N L Moila

The High Court dismissed an application to rescind a default judgment and warrant of delivery, finding the applicant was in wilful default and lacked a bona fide defence.

• Rescission Of Default Judgment
• Service Of Process
• National Credit Act
• Instalment Sale Agreement
• Wilful Default
• Practice Directives

Liphosa v Body Corporate of Philberta Court (2021/55797)

Liphosa v Body Corporate of Philberta Court (2021/55797) [2025] ZAGPJHC 456 (12 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2021/55797

Judge

Barnes

The High Court dismissed an application to rescind a provisional sequestration order, finding no case made out for rescission and awarding attorney-client costs.

• Provisional Sequestration
• Rescission Application
• Wilful Default
• Bona Fide Defence
• Uniform Rules Of Court
• Punitive Costs

Martens v Sapor Rentals (Pty) Limited (2022/017041)

Martens v Sapor Rentals (Pty) Limited (2022/017041) [2025] ZAGPJHC 182 (24 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/017041

Judge

Allen

The High Court dismissed an application to rescind a default judgment, finding no satisfactory explanation for the delay, wilful default, or prima facie defence.

• Rescission Of Judgment
• Wilful Default
• Conventional Penalties Act
• Guarantee Liability
• Liquidated Damages
• Rescission-of-judgment

Social Housing Regulatory Authority N.O v CSC Security Services (Pty) Ltd and Another (3840/2022)

Social Housing Regulatory Authority N.O v CSC Security Services (Pty) Ltd and Another (3840/2022) [2025] ZAMPMHC 1 (9 January 2025)

Court

Middelburg High Court, Mpumalanga

Case number

3840/2022

Judge

JL Bhengu

The High Court set aside a default judgment after finding common-law rescission was justified, though Rule 42(1)(a) did not apply.

• Rescission Of Judgment
• Default Judgment
• Contractual Liability
• Wilful Default
• Bona Fide Defence
• Rescission-of-judgment

R1 Security CC v Passenger Rail Agency of South Africa (2021/43349)

R1 Security CC v Passenger Rail Agency of South Africa (2021/43349) [2024] ZAGPJHC 1195 (21 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2021/43349

Judge

L.T. Modiba

Application for rescission and condonation dismissed after the court found proper service, wilful default, and no bona fide defence.

• Rescission Of Judgment
• Condonation For Late Filing
• Wilful Default
• Bona Fide Defence
• Service Of Process
• Rescission-of-judgment

Ndlovu v Bothma and Others (67546/2018)

Ndlovu v Bothma and Others (67546/2018) [2024] ZAGPPHC 1107 (24 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

67546/2018

Judge

R. Francis-Subbiah

The court found that the first and fourth respondents failed to comply with the court order of 15 June 2023 by not providing the required statement of account and supporting documents, including bank statements. The respondents did not offer any valid reasons for their non-compliance. The court concluded that the non-compliance was both wilful and mala fide, satisfying the requirements for contempt of court as set out in Fakie NO v CCII Systems (Pty) Ltd. Accordingly, the first respondent was found guilty of contempt and an order for his committal to imprisonment was granted, suspended for th…

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• Contempt Of Court
• Compliance With Court Orders
• Wilful Default
• Mala Fides

DF Dynamic Freight (Pty) Ltd and Others v Two Six Nine Sydney Road Share Block (Pty) Ltd (D259/2021)

DF Dynamic Freight (Pty) Ltd and Others v Two Six Nine Sydney Road Share Block (Pty) Ltd (D259/2021) [2024] ZAKZDHC 95 (17 October 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

D259/2021

Judge

Gwagwa AJ

The High Court dismissed an application to rescind a default judgment, finding no good cause, no credible explanation for default, and no bona fide defence.

• Rescission Of Judgment
• Default Judgment
• Good Cause Requirement
• Wilful Default
• Bona Fide Defence
• Rescission-of-judgment