Judgments

The judgment concerns an interlocutory application by the City of Johannesburg Metropolitan Municipality and the City of Joburg Property Company. The Applicants sought an order compelling the First and Second Respondents to deliver their heads of argument in the main application, after they had not done so by the stated date. The court granted the relief with slight modifications and ordered costs against the First and Second Respondents.

The Supreme Court of Appeal upheld Discovery Health’s appeal against the Road Accident Fund and set aside the Full Court’s order. It declared that the respondents were in breach of the court’s 27 October 2022 order and interdicted them from giving effect to the directives issued on 13 April 2023 and 2 November 2023.

The judgment concerns a Road Accident Fund claim arising from a 2005 motor vehicle collision involving a plaintiff who was a child at the time. The court considered whether the claim falls to be adjudicated under the Road Accident Fund Act as it stood before 1 August 2008 or under the amended Act. The court ordered that the claim be adjudicated under the pre 1 August 2008 Act.

The judgment concerns an application for demolition of structures allegedly erected on the applicant’s erf in the Lesedi Local Municipality. The court found a material non-joinder because occupiers of the structures had not been joined, and removed the application from the roll with leave to re-enrol after joinder.

The High Court dealt with an urgent application about occupation of a residential property in Johannesburg, alleged threats, and alleged alterations and commercial use of the premises. It granted interim interdictory relief and an interim eviction order under section 5 of PIE, and issued a rule nisi returnable on 17 November 2026. The order records that the eviction is interim only and that final eviction remains to be decided under section 4 of PIE.

The Western Cape High Court dealt with a Road Accident Fund claim arising from a 4 September 2021 pedestrian collision near Mitchell’s Plain. It refused a postponement on the past medical expenses issue and awarded amounts for general damages, future loss of earnings, and past hospital and medical expenses. The court also applied a 35% contingency deduction to future injured earnings and made a costs order that included attorney and client costs for the past medical expenses issue.

SAFlii has listed this judgment: FSG Africa (Pty) Ltd v Nortje (2023/030086) [2026] ZAGPPHC 1206 (15 October 2026).

The High Court dismissed De Vos Landgoed (Pty) Ltd’s application for leave to appeal against parts of an earlier order, and ordered it to pay the costs of Access Bank and Al Mabroor Agri. The judgment addresses non joinder, the merits of the section 153(7) application, and the costs ruling.

The High Court considered an application to wind up SACI and a counter-application for interim relief. It described the parties’ dispute over banking control, staff matters and shareholding, and found that the winding up remedy was not justified. The application and counter-application were dismissed with costs.

The High Court in Pretoria dealt with an urgent application by Welverdiend Bess and Mulilo Renewable Project Developments to have Momentous Energy’s review application struck out or dismissed. The Court found the review application was fatally flawed and an abuse of process, and ordered that it be struck out.

The Western Cape High Court heard an appeal in a criminal matter about self-defence and the use of force in response to an alleged assault. The court considered whether the initial punch was lawful, and separately considered the later slap and kick while the complainant was unconscious.

The High Court considered an application to revive a lapsed rule nisi and to allow further affidavits in a dispute between Zone Three Properties and the City of Tshwane. It dismissed the application and ordered the applicant to pay the respondent’s costs, with counsel’s fees on Scale B.

The Western Cape High Court dealt with an appeal in which the appellant had been convicted of rape in the Bellville Regional Court and sentenced to life imprisonment. The court dismissed the appeal against conviction, but upheld the appeal against sentence and replaced life imprisonment with 10 years’ direct imprisonment. The sentence was antedated to 25 February 2026.

The Western Cape High Court dealt with an application for condonation and leave to appeal in a dispute involving a lifetime loan and the estate of the late Helen Rosen. The court condoned the late filing, granted leave to appeal on limited issues, and refused leave on several other grounds. The appeal is to be heard by the Supreme Court of Appeal.

The Western Cape High Court gave reasons in a contempt of court matter between Tornovert t/a Bogart Man and Borelli (Pty) Ltd and others. The judgment records that the respondents were found to have disobeyed paragraphs 1, 2 and 3 of an agreed order made on 30 June 2026, and sets out directions for compliance and possible further steps if they do not comply within five days.

The court dealt with an application by a student against Milpark Education and others concerning pending disciplinary proceedings about alleged cheating. The applicant sought a declaration that she was not guilty, an order for a postgraduate diploma in accounting, and communication to the Council on Higher Education, but the court dismissed the application with costs.