South Africa Case Law: Decisions & Judgments | LexChat

South Africa Case Law

  • 13 Aug 2025

    Calasca Trading 114 (Pty) Ltd and Another v Rhondo Industrial (Pty) Ltd and Another (026912/2022) [2025] ZAGPJHC 773 (13 August 2025)

    Citation
    [2025] ZAGPJHC 773
    Court
    South Gauteng High Court, Johannesburg
    Case number
    026912/2022
    Judges
    S D J Wilson

    The court found that the oral agreement reached in October 2021 and memorialised in the 4 November 2021 email was an agreement between Mr. Glen Fine and Mr. Berger personally to share equally any amount recovered from Mr. David Fine. The context, conduct of the parties, and the evidence presented demonstrated that the individuals did not distinguish between themselves and their companies in the operation of the joint venture. The money recovered from Mr. David Fine was paid into Mr. Berger's personal account, further supporting the conclusion that the agreement bound the individuals. The cour…

    • Joint Venture Dispute
    • Contractual Interpretation
    • Personal Liability
    • Misjoinder
    • Settlement Agreement

  • 13 Aug 2025

    Hendricks v City of Cape Town and Another (12803/2024) [2025] ZAWCHC 344 (13 August 2025)

    Citation
    [2025] ZAWCHC 344
    Court
    Western Cape High Court, Cape Town
    Case number
    12803/2024
    Judges
    Da Silva Salie

    Transnet Limited has a direct and substantial interest in the subject matter of the action, as the dispute over ownership and responsibility for the manhole directly implicates its legal interests. The risk of inconsistent judgments and prejudice to the applicant, particularly regarding the prescription period, necessitates joinder. The denial of liability by Transnet does not negate its interest; rather, the dispute itself underscores the need for its participation. Joinder will not cause undue prejudice to Transnet beyond its involvement in the proceedings, which is inherent in any joinder.…

    • Joinder Of Parties
    • Direct And Substantial Interest
    • Municipal Liability
    • Prescription Period

  • 13 Aug 2025

    Old Mutual Alternate Risk Transfer Insure Limited v SA Guarantee Specialists Proprietary Limited and Another (2025/127863) [2025] ZAWCHC 345 (13 August 2025)

    Citation
    [2025] ZAWCHC 345
    Court
    Western Cape High Court, Cape Town
    Case number
    2025/127863
    Judges
    Morrissey AJ

    Urgent High Court decision on contractual access to records and data after alleged unauthorised offshore guarantees; relief granted but suspended.

    • Specific Performance
    • Cell Captive Insurance
    • Contract Termination
    • Data Access Rights
    • Breach Of Contract
    • Fiduciary Duties

  • 12 Aug 2025

    Vorster and Another v Bala (Leave to Appeal) (24463/2013) [2025] ZAGPJHC 776 (12 August 2025)

    Citation
    [2025] ZAGPJHC 776
    Court
    South Gauteng High Court, Johannesburg
    Case number
    24463/2013
    Judges
    G Ally

    Application for leave to appeal dismissed; no reasonable prospects of success and no compelling reason found. Costs awarded on Scale C.

    • Leave To Appeal
    • Reasonable Prospects Of Success
    • Costs Order
    • Duty Of Care
    • Leave-to-appeal
    • Reasonable-prospects-of-success

  • 12 Aug 2025

    Mashilo v Road Accident Fund (164/24) [2025] ZAMPMHC 38 (12 August 2025)

    Citation
    [2025] ZAMPMHC 38
    Court
    Middelburg High Court, Mpumalanga
    Case number
    164/24
    Judges
    J T Leso

    RAF claim: expert evidence admitted on affidavit; R440,758 awarded for future income loss; medical undertaking ordered; general damages postponed.

    • Road Accident Fund Act
    • Loss Of Earning Capacity
    • Future Medical Expenses
    • Expert Evidence On Affidavit
    • Jurisdiction General Damages
    • Road-accident-fund

  • 12 Aug 2025

    Metro Chicken (Pty) Ltd and Others v Master of the High Court of South Africa, Durban and Others (D14387/2023) [2025] ZAKZDHC 51 (12 August 2025)

    Citation
    [2025] ZAKZDHC 51
    Court
    Kwazulu-Natal High Court, Durban
    Case number
    D14387/2023
    Judges
    Mossop

    Application dismissed: applicants lacked standing and proved no misconduct in a liquidation asset sale; condonation for a late reply was refused.

    • Winding Up Of Companies
    • Liquidator Powers
    • Locus Standi
    • Sale Of Assets
    • Condonation
    • Punitive Costs

  • 12 Aug 2025

    B.U v C.M and Others (2025/017920) [2025] ZAWCHC 342 (12 August 2025)

    Citation
    [2025] ZAWCHC 342
    Court
    Western Cape High Court, Cape Town
    Case number
    2025/017920
    Judges
    Njokweni

    The court found that the First Respondent's conditions for granting consent to the minor child's overseas travel were unreasonable and amounted to a refusal of consent. Despite the First Respondent's assertion that he did not oppose the travel, the conditions he sought to impose were excessive and not aligned with the child's best interests. The court exercised its jurisdiction under section 18(5) of the Children’s Act and section 28 of the Constitution, determining that the Applicant should be permitted to travel with the minor child to the Czech Republic, subject to reasonable conditions th…

    • Child Travel Consent
    • Parental Responsibilities And Rights
    • Best Interests Of Child
    • Mirror Order
    • Section 18 Children Act
    • Section 28 Constitution

  • 12 Aug 2025

    Independent Communications Authority of South Africa and Others v Open Heaven Community Radio and Others (1133/2023) [2025] ZASCA 117 (12 August 2025)

    Citation
    [2025] ZASCA 117
    Court
    Supreme Court of Appeal
    Case number
    1133/2023
    Judges
    Dambuza, Mbatha, Dolamo

    The Supreme Court of Appeal held that ICASA has the discretion to condone late submissions of renewal notices for class broadcasting licences under s 19(2) of the Electronic Communications Act, as the six-month period is intended for ICASA’s administrative benefit. The court found that substantial compliance with the statutory purpose suffices and that ICASA should have considered Open Heaven’s late renewal notice, which was only 14 days out of time. Regarding the 2021 regulations, the court determined that the extension of licence validity from five to seven years applies to all class licenc…

    • Broadcasting Licence Renewal
    • Retrospective Application Of Regulations
    • Condonation Of Late Filing
    • Statutory Interpretation
    • Regulatory Discretion

  • 12 Aug 2025

    Ntimane v Road Accident Fund (297/2017) [2025] ZAMPMBHC 74 (12 August 2025)

    Citation
    [2025] ZAMPMBHC 74
    Court
    Mbombela High Court, Mpumalanga
    Case number
    297/2017
    Judges
    Shai

    The court granted absolution from the instance in a RAF claim after finding material contradictions about the vehicles involved in the accident.

    • Road Accident Claim
    • Onus Of Proof
    • Contradictory Evidence
    • Absolution From The Instance
    • Road-accident-fund
    • Absolution-from-the-instance

  • 12 Aug 2025

    Manqele v Baloyi Masango Inc Attorneys and Others (896/2023) [2025] ZAMPMBHC 75 (12 August 2025)

    Citation
    [2025] ZAMPMBHC 75
    Court
    Mbombela High Court, Mpumalanga
    Case number
    896/2023
    Judges
    Vukeya

    Investigative report on municipal sewage failures held privileged; plaintiff failed to prove unlawful publication or malice, and the defamation claim was dismissed.

    • Defamation
    • Qualified Privilege
    • Publication Requirement
    • Animus Iniuriandi
    • Municipal Liability
    • Qualified-privilege