South Africa Case Law

Association of Mineworkers Construction Union obo Fakude v NI-DA Transport (Pty) Ltd and Others (D788/2019)

Association of Mineworkers Construction Union obo Fakude v NI-DA Transport (Pty) Ltd and Others (D788/2019) [2025] ZALCD 19 (19 May 2025)

Court

Labour Court Durban

Case number

D788/2019

Judge

Whitcher

The court found that at least 58 employees properly tendered their services within the ten-day period stipulated in the certified arbitration award. The respondents' challenge to the authenticity of the tender list was unpersuasive, and the director's authority to enforce compliance was reasonably inferred and unchallenged. The respondents' obligation to reinstate crystallized after the exhaustion of all legal remedies, specifically after the Constitutional Court dismissed their appeal. Their failure to take proactive steps to reinstate employees post-appeal constituted wilful non-compliance…

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• Civil Contempt
• Certified Arbitration Award
• Reinstatement
• Wilful Non Compliance
• Burden Of Proof
• Director Liability

Wagg and Another v City of Johannesburg Metropolitan Municipality and Another (Application for Leave to Appeal) (2019/42316)

Wagg and Another v City of Johannesburg Metropolitan Municipality and Another (Application for Leave to Appeal) (2019/42316) [2025] ZAGPJHC 199 (28 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2019/42316

Judge

Aucamp

The court found that the Municipal Manager was properly cited and served in his personal capacity in the contempt application, and that the procedural objections raised by the respondents regarding joinder and service were without merit. The authorities relied upon by the respondents did not support the contention that formal joinder under Rule 10 was required in the circumstances. The respondents admitted non-compliance with the Majavu AJ judgment, and the issue of impossibility due to account closure had already been dismissed by a previous judgment. The court held that the requirements for…

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• Contempt Of Court
• Joinder Of Parties
• Municipal Liability
• Wilful Non Compliance

Diedricks v St Eve (Pty) Ltd and Others (518/2023)

Diedricks v St Eve (Pty) Ltd and Others (518/2023) [2025] ZAFSHC 56 (21 February 2025)

Court

Free State High Court, Bloemfontein

Case number

518/2023

Judge

Mgudlwa AJ

The High Court found the first three respondents in contempt of a zoning interdict, holding their continued business activity on the property was wilful and mala fide.

• Contempt Of Court
• Interdict
• Zoning
• Wilful Non Compliance
• Contempt-of-court
• Civil-contempt

Thabazimbi Local Municipality and Another v ABSA Bank Ltd and Others (Leave to Appeal) (14 February 2025) (34/2024)

Thabazimbi Local Municipality and Another v ABSA Bank Ltd and Others (Leave to Appeal) (14 February 2025) (34/2024) [2025] ZALMPPHC 25; [2025] 2 All SA 311 (LP) (14 February 2025)

Court

Limpopo High Court, Polokwane

Case number

34/2024

Judge

Morgan

Leave to appeal against a contempt judgment was refused. The court held that the respondents’ claimed reliance on legal advice was unsupported and did not justify disobedience.

• Contempt Of Court
• Wilful Non Compliance
• Defence Of Legal Advice
• Conflicting Court Orders
• Punitive Sanctions
• Municipal Bank Accounts

Thabazimbi Local Municipality and Another v ABSA Bank Ltd and Others (8907/2024)

Thabazimbi Local Municipality and Another v ABSA Bank Ltd and Others (8907/2024) [2024] ZALMPPHC 206 (18 December 2024)

Court

Limpopo High Court, Polokwane

Case number

8907/2024

Judge

Morgan

The High Court held ABSA Bank and two officials in contempt for wilful non-compliance with prior orders granting municipal account access, and imposed fines, periodic imprisonment, and costs.

• Contempt Of Court
• Municipal Finance Management Act
• Urgent Application
• Wilful Non Compliance
• Rule 30 Irregular Steps
• Authority Of Court Orders

Coetzer v Thabakholo Environmental Solutions Pty Ltd and Another (J1599/23)

Coetzer v Thabakholo Environmental Solutions Pty Ltd and Another (J1599/23) [2024] ZALCJHB 248 (4 June 2024)

Court

Labour Court Johannesburg

Case number

J1599/23

Judge

T Gandidze

The Labour Court held the respondents in contempt for wilfully failing to reinstate the applicant under a certified award, imposing a suspended R100,000 fine.

• Contempt Of Court
• Certified Arbitration Award
• Reinstatement
• Settlement Agreement
• Wilful Non Compliance
• Contempt-of-court

Nehawu obo Legodi v Laerskool Lindopark Primary (J1549/2023)

Nehawu obo Legodi v Laerskool Lindopark Primary (J1549/2023) [2024] ZALCJHB 94 (5 March 2024)

Court

Labour Court Johannesburg

Case number

J1549/2023

Judge

Daniels

The Labour Court held the respondents in contempt for refusing to comply with a certified CCMA reinstatement award and ordered reinstatement, a suspended sentence, and costs.

• Contempt Of Court
• Certified Arbitration Award
• Reinstatement
• Wilful Non Compliance
• Labour Relations Act
• Contempt-of-court

S Steyn t/a Ideal Ways 183 and Bushveld Security Group and Another v Kinosi and Others - Reasons for Order (UM167/22)

S Steyn t/a Ideal Ways 183 and Bushveld Security Group and Another v Kinosi and Others - Reasons for Order (UM167/22) [2023] ZANWHC 166 (15 September 2023)

Court

North West High Court, Mafikeng

Case number

UM167/22

Judge

A Reddy

The application for contempt of court failed because the applicants did not prove competent and effective service of the final court order on the respondents as required by law and the terms of the original order. The prescribed methods of service—publication in the Stellalander newspaper, service in terms of the Rules, and service by Sheriff or police official—were not properly executed. Service by Du Toit, who was neither a Sheriff nor a peace officer, was irregular and did not meet the requirements. The respondents' plausible denial of knowledge of the order was accepted. Without proper se…

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• Contempt Of Court
• Service Of Process
• Urgent Interdict
• Wilful Non Compliance

K v K (8285/2022)

K v K (8285/2022) [2022] ZAGPJHC 736 (3 October 2022)

Court

South Gauteng High Court, Johannesburg

Case number

8285/2022

Judge

L R Adams

The court found that the respondent was aware of the court order and deliberately refused to comply with its terms, including disclosure of the children's address, alternate week care, and daily contact. The respondent's explanations for non-compliance, based on alleged abuse and safety concerns, were found to lack credibility and were contradicted by evidence, including the testimony of the children's nanny and prior settlement agreements. The respondent's conduct was held to be wilful and mala fide, satisfying the requirements for contempt of court. The applicant did not make out a case for…

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• Contempt Of Court
• Pendente Lite Care And Contact
• Wilful Non Compliance
• Mala Fides
• Costs Award

Rampai v Mangaung Metropolitan Municipality (P117/20)

Rampai v Mangaung Metropolitan Municipality (P117/20) [2022] ZALCPE 14 (29 June 2022)

Court

Labour Court Port Elizabeth

Case number

P117/20

Judge

Lallie

The Labour Court found the municipality in contempt for failing to comply with a certified arbitration award and ordered compliance and costs.

• Contempt Of Court
• Arbitration Award Enforcement
• Collective Agreement Interpretation
• Wilful Non Compliance
• Contempt-of-court
• Arbitration-award-enforcement