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South Africa decisions
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NUM obo Mbengwa v Dwarsrivier Chrome Mine (Pty) Ltd (JS171/23) [2025] ZALCJHB 342 (8 August 2025)
The Labour Court granted NUM leave to amend its statement of claim, but ordered costs against NUM because the pre-trial minute remained unresolved.
Road Accident Fund v McLachlan N.O (5936/2021) [2025] ZAWCHC 328 (1 August 2025)
The defendant failed to provide a proper explanation for the withdrawal of its admission and did not address the plaintiff's objections, including the risk of injustice and prejudice to the plaintiff. The court found that the application for amendment was not made in good faith and would cause an injustice to the plaintiff that could not be remedied by a costs order. The defendant did not demonstrate entitlement to the amendment, and the application was dismissed.
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Ilanga Automotive (Pty) Ltd t/a Citroen Centurion and Others v Nedbank (61907/2019) [2025] ZAGPPHC 627 (10 June 2025)
The High Court refused leave to appeal against summary judgment, finding that the applicant’s attempted withdrawal of an admission would not change the proven breach of contract.
National Director of Public Prosecutions v Goqwana (2938/2022) [2024] ZAECMHC 50 (18 June 2024)
The High Court allowed the National Director of Public Prosecutions to amend the plea and withdraw admissions, finding the explanation reasonable and prejudice curable by costs.
Richards v Ramsay Webber INC (4106/2020) [2024] ZAGPJHC 565 (28 May 2024)
The High Court granted Ramsay Webber leave to amend its plea, including withdrawal of an admission about a R3 million loan, and ordered costs in the trial.
Auto and Truck Tyres (Pty) Ltd v Symes and Others (2019/34782) [2024] ZAGPJHC 425 (2 May 2024)
The court held that the defendant may not amend its plea to deny that the pleaded payments were made to it, as this would contradict its own factual averments and documentary evidence. However, the defendant may amend its plea to clarify that it did not receive or benefit from the payments, as no binding admission to the contrary was made in the pleadings. The withdrawal of the pre-trial admission regarding the plaintiffs' status as joint liquidators and the company's winding up is refused, as the defendant provided no explanation for the withdrawal and such admissions are binding unless spec…
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Lizinex (Pty) Limited v FPC Solutions (Pty) Limited and Others (2022/17136) [2023] ZAGPJHC 1261 (3 November 2023)
The court found that the proposed amendment does not constitute a withdrawal of an admission, as the admission of ownership remains extant and does not equate to locus standi. The amendment does not render the pleadings excipiable, as the issues raised are triable and can be determined at trial. The court held that any prejudice to the plaintiff arising from the pending summary judgment application does not justify refusal of the amendment, as summary judgment is not a final determination of the claim. The defendants' right to amend pleadings to ensure proper ventilation of disputes outweighs…
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Thompson Kusela CC t/a Thompson Security Group v Dewald Buys t/a Masima Block Watch (2017/39176) [2023] ZAGPJHC 692 (13 June 2023)
The High Court dismissed an application to amend a plea, finding the alleged admission was ambiguous and the issue had been clarified by further particulars.
Fast Motion Trade and Investment (Pty) Ltd v Avon Justine (Pty) Ltd (21158/2019) [2023] ZAGPJHC 276 (27 March 2023)
The court held that the plaintiff's admission of the defendant's expert report constituted an implied or tacit undertaking not to place the report's conclusions in issue at trial. Withdrawal of such an admission requires the demonstration of special circumstances, not merely the absence of prejudice. The plaintiff failed to provide a sufficiently full explanation for the withdrawal, did not establish bona fides, and did not show that justice and fairness justified the withdrawal. The lateness of the application caused prejudice to the defendant, who could not adequately prepare and had alread…
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Aguma v South African Broadcasting Corporation SOC Limited and Another In re: South African Broadcasting Corporation SOC Limited and Another v Lornavision (Pty) Ltd and Another (17/49514) [2022] ZAGPJHC 31 (4 February 2022)
The court held that the applicant failed to meet the requirements for withdrawing an admission, as he did not provide a full explanation for why the admission was made or why its withdrawal was necessary. The absence of prejudice to the plaintiffs does not entitle the applicant to withdraw the admission. Furthermore, the proposed amendments were found to be illogical and inapplicable to the relevant paragraphs of the plea, as they purported to answer averments not set out in the particulars of claim. Consequently, both grounds of objection were upheld and the amendment application was dismiss…
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