South Africa Case Law

Special Investigating Unit v Zakheni Strategic Supplies (Pty) Ltd and Others (GP09/2021)

Special Investigating Unit v Zakheni Strategic Supplies (Pty) Ltd and Others (GP09/2021) [2025] ZAST 12 (23 July 2025)

Court

Special Tribunal

Case number

GP09/2021

Judge

A H Petersen

The Special Tribunal dismissed the SIU’s contempt application, finding it had not proved beyond reasonable doubt that the respondents acted wilfully and mala fide.

• Civil Contempt
• Wilfulness And Mala Fides
• Jurisdiction Of Tribunal
• Compliance With Court Orders
• Civil-contempt
• Wilfulness-and-mala-fides

Sheriff of The High Court: Giyani (Sydney Herbert Park, An Officer of Court) v Renky Thulani Makhubela (1270/2023)

Sheriff of The High Court: Giyani (Sydney Herbert Park, An Officer of Court) v Renky Thulani Makhubela (1270/2023) [2025] ZASCA 104 (15 July 2025)

Court

Supreme Court of Appeal

Case number

1270/2023

Judges

Nicholls JA, Saldulker AJA, Norman AJA

The majority of the Supreme Court of Appeal held that the appellant, the sheriff, was not in contempt of court when he failed to transfer the funds as ordered by the high court. The sheriff had at all times evinced an intention to appeal the July order and was still within the 30-day period prescribed by the Superior Courts Act to petition the Supreme Court of Appeal. The majority found that the sheriff's conduct did not demonstrate contumacious disrespect for judicial authority but rather adherence to lawful appellate procedures. The automatic suspension of the judgment's execution pending a…

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• Contempt Of Court
• Wilfulness And Mala Fides
• Automatic Suspension Of Judgment
• Superior Courts Act Section 18
• Stay Of Execution

Commission for Conciliation, Mediation and Arbitration and Another v Discovery Connect Distribution Services and Others (J930/24)

Commission for Conciliation, Mediation and Arbitration and Another v Discovery Connect Distribution Services and Others (J930/24) [2025] ZALCJHB 285 (3 July 2025)

Court

Labour Court Johannesburg

Case number

J930/24

Judge

G Mafa-Chali

The Court found that the respondents had partially complied with the CCMA disclosure ruling and provided a reasonable and plausible explanation for any missing documents and audio recordings. The respondents demonstrated diligent efforts to locate and supply the requested materials, and the applicant failed to prove beyond reasonable doubt that the respondents' non-compliance was wilful or mala fide. The Court held that the respondents cannot be compelled to produce information not in their possession and that mere dissatisfaction with the format or completeness of disclosure does not establi…

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• Contempt Of Ccma Ruling
• Disclosure Of Documents
• Wilfulness And Mala Fides
• Constructive Dismissal
• Arbitration Procedure

I.L.L v L.V.H (Appeal) (CA 95/2024)

I.L.L v L.V.H (Appeal) (CA 95/2024) [2025] ZAECMKHC 17 (25 February 2025)

Court

Eastern Cape High Court, Makhanda

Case number

CA 95/2024

Judges

Nhlangulela, Norman, Nkele

The court found that the relief sought by the appellant was not entirely moot, as the declaratory order regarding breach of the court order had practical and constitutional significance. The appellant proved the requirements for contempt of court, and the respondent failed to discharge the evidential burden to show absence of wilfulness and mala fides. The respondent's version was rejected as implausible and uncreditworthy on the papers, applying the Plascon-Evans rule. The court held that a declaratory order was appropriate, rather than punitive contempt, and that each party should bear her…

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• Contempt Of Court
• Declaratory Relief
• Costs Award
• Balance Of Probabilities
• Wilfulness And Mala Fides

Govender v Department of Roads and Transport and Another (J904/2024)

Govender v Department of Roads and Transport and Another (J904/2024) [2025] ZALCJHB 16 (17 January 2025)

Court

Labour Court Johannesburg

Case number

J904/2024

Judge

Phakedi

The applicant failed to prove beyond reasonable doubt that the respondents' non-compliance with the certified arbitration award was wilful and mala fide. Although the second respondent did not attend court as required, his absence was based on a bona fide but mistaken belief regarding the rules. The respondents discharged their evidentiary burden by creating reasonable doubt as to wilfulness and mala fides. The review application was reinstated, and security was provided, further undermining the applicant's case for contempt. The court found no basis to hold the respondents in contempt and de…

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• Contempt Of Court
• Arbitration Award Enforcement
• Wilfulness And Mala Fides
• Review Application
• Security For Award

J.A.R v T.V.R (21609/2021)

J.A.R v T.V.R (21609/2021) [2025] ZAGPJHC 59 (16 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

21609/2021

Judge

Fisher

The court found that the respondent's complaint to the Legal Practice Council was not made in good faith for the purpose of professional investigation, but rather as a continuation of a campaign to malign and defame the applicant. The complaint contained sweeping generalisations, unsubstantiated accusations, and vitriolic language, much of which was unrelated to the applicant's professional conduct. The respondent was aware of the court order prohibiting such communications and nonetheless sought to circumvent it under the guise of reporting professional misconduct. The court held that the re…

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• Contempt Of Court
• Interdict
• Wilfulness And Mala Fides
• Privilege In Legal Complaints

NEHAWU obo Denner v Director General : Agriculture Land Reform and Rural Development Cape Town Mr Ramasodi Mooketsa and Others (C387/24)

NEHAWU obo Denner v Director General : Agriculture Land Reform and Rural Development Cape Town Mr Ramasodi Mooketsa and Others (C387/24) [2024] ZALCCT 69 (11 December 2024)

Court

Labour Court Cape Town

Case number

C387/24

Judge

T Gandidze

The Labour Court held the respondents in contempt for ignoring a certified arbitration award, rejecting the argument that a promised review suspended compliance.

• Contempt Of Court
• Certified Arbitration Award
• Enforcement Of Awards
• Wilfulness And Mala Fides
• Review Application
• Costs Order

Shema v Ditsobotla Local Municipality (J1625/23)

Shema v Ditsobotla Local Municipality (J1625/23) [2024] ZALCJHB 387 (23 September 2024)

Court

Labour Court Johannesburg

Case number

J1625/23

Judge

Myburgh

The court found that the first three requirements for contempt—existence of the order, service or notice, and non-compliance—were satisfied. The decisive issue was whether non-compliance was wilful and mala fide. The third respondent, having recently assumed the role of municipal manager, demonstrated reasonable doubt regarding wilfulness and mala fides by taking steps to file an application for leave to appeal and to prosecute the review application. The court was not persuaded by the applicant's arguments regarding condonation, the review application's prospects, or the relevance of securit…

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• Contempt Of Court
• Employment Contract
• Reinstatement
• Settlement Agreement
• Wilfulness And Mala Fides

Airports Company of South Africa SOC Limited and Others v CT MED and Trauma (Pty) L t/a Cape Medics (A5072/2021)

Airports Company of South Africa SOC Limited and Others v CT MED and Trauma (Pty) L t/a Cape Medics (A5072/2021) [2023] ZAGPJHC 1397 (30 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A5072/2021

Judges

Ingrid Opperman, Coppin, Dippenaar

The appeal turned on whether the appellants' non-compliance with the Court Order was both wilful and mala fide. The Court found that while the appellants failed to comply with their contractual obligations, their conduct did not amount to wilful or mala fide disobedience. The appellants acted on bona fide legal advice that the dispute resolution and arbitration clauses required exhaustion before contempt proceedings could be brought. The evidence did not conclusively establish intentional defiance of the Court Order. The court a quo erred in inferring wilfulness and mala fides solely from ina…

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• Contempt Of Court
• Arbitration Clause
• Specific Performance
• Settlement Agreement
• Wilfulness And Mala Fides

Department of Human Settlements, Eastern Cape Province and Another v Diutwileng (3486/2022)

Department of Human Settlements, Eastern Cape Province and Another v Diutwileng (3486/2022) [2023] ZAECMKHC 121 (31 October 2023)

Court

Eastern Cape High Court, Makhanda

Case number

3486/2022

Judge

Rugunanan

The court found that the respondent had knowledge of the court orders and failed to comply with them by not returning the laptop. The respondent's version that the laptop was stolen was previously rejected as false, and she failed to provide credible evidence to support her defence of impossibility. The forensic evidence showed the laptop was used at her residence after the alleged theft, and the respondent did not rebut this evidence with contrary expert testimony or affidavits. Her conduct demonstrated deliberate disregard for the court orders, and she did not take any steps to appeal, seek…

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• Contempt Of Court
• Wilfulness And Mala Fides
• Ad Factum Praestandum
• Burden Of Proof
• Motion Proceedings