High Court of South Africa Free State, Bloemfontein

The Free State Division of the High Court of South Africa (previously named the Orange Free State Provincial Division and the Free State High Court, and commonly known as the Bloemfontein High Court is a superior court of law with general jurisdiction over the Free state province of South Africa. The division sits at  Bloemfontein.

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956 judgments
Citation
Judgment date
July 2025
Amendment to plead mutually exclusive unjustified enrichment and contractual claims refused, as claims must be alternative.
Civil procedure – amendment of pleadings – unjustified enrichment vs. contractual claims – inconsistency of concurrent claims.
4 July 2025
Court awards damages for motor vehicle accident; general and medical expenses quantified.
Road Accident Fund - determination of quantum for general damages and past medical expenses arising from a motor vehicle accident.
3 July 2025
Court grants interim relief against the processing of an alleged coerced resignation pending review proceedings.
Employment law – urgent interim interdict – jurisdiction – procedural compliance – authority of representation.
1 July 2025
June 2025
Plaintiff awarded damages for future income loss due to negligence in a road accident claim.
Road Accident Fund – Liability for damages due to negligent driving – Assessment of loss of future income following motor vehicle accident injuries.
30 June 2025
Court dismisses appeal on jurisdiction and authority grounds in salary deduction case against Municipality.
Labour Law – Authority to represent – Deductions from salaries – Section 34 of Employment Act – Leave to appeal denied.
27 June 2025
Liquidation application dismissed due to jurisdictional issues, improper statutory demand service, and unresolved contractual disputes.
Company law - Winding-up proceedings - Jurisdiction - Compliance with statutory demand requirements under Companies Act 1973 - Abuse of process - Unresolved contractual disputes.
27 June 2025
Court invalidates payments to business rescue practitioner as undue preference under Companies Act section 341(2).
Corporate liquidation – Void payments under Companies Act – Business rescue practitioner – Subsection 341(2) preferences
26 June 2025
Court awards R500,000 for child's non-pecuniary damages after road accident, basing decision on expert reports and case comparisons.
Personal injury - road accident - determination of general damages - assessment of expert evidence - costs for expert reports.
26 June 2025
Court reviews administrative decision under NEMA due to procedural unfairness in imposing a non-compliance fine.
Administrative law – procedural fairness – National Environmental Management Act (NEMA) – judicial review of administrative decision – determination of appropriate fine under section 24G.
26 June 2025
Court finds contributory negligence at 80/20% where plaintiff failed to maintain a proper lookout at intersection.
Motor vehicle accident – negligence apportionment – duty of care at intersections – contributory negligence assessment.
25 June 2025
Court apportioned 80% fault to Plaintiff for lack of due care at an intersection causing a collision.
Road Accident Fund – negligence in motor vehicle accidents – apportionment of fault – lack of proper lookout by driver.
25 June 2025
Appeal against conviction for public violence dismissed, identification by police held reliable.
Criminal Law – Public Violence – Identification evidence – The necessity of cautious approach to witness identification – Appeal against conviction due to alleged unreliable identification dismissed – Identification deemed credible based on sartorial and situational observation during protest.
25 June 2025
The court upheld the conviction for public violence based on credible identification of the appellants during protests.
Criminal Law – Public Violence – Identification of accused during public protests – Role and reliability of state witnesses in establishing identity beyond reasonable doubt.
25 June 2025
Court confirms Rule Nisi for unlawful electricity disconnection due to inadequate notice and quasi-possession rights.
Electricity supply – Mandament van spolie – Confirmation of Rule Nisi – Quasi-possession and procedural requirements for notice
25 June 2025
Electricity supply disconnection requires adequate notice; protected by spoliation when served inadequately.
Electricity supply – spoliation protection – quasi-possession – notification shortcomings under Electricity Regulation Act – remedy for unlawful disconnection.
25 June 2025
Application for leave to appeal conviction and sentence for murder dismissed due to lack of prospects for success.
Criminal law - Appeal - Leave to appeal against conviction and sentence for murder and attempted murder - Reasonable prospects of success or compelling reasons required under s 17(1) Superior Courts Act.
25 June 2025
Application for leave to appeal against conviction and sentence of murder dismissed due to lack of prospects of success.
Criminal Law - Application for Leave to Appeal - Reasonable Prospect of Success - Conviction and Sentence - Dolus Directus
25 June 2025
Application granted for leave to appeal ex-tempore judgment due to potential for different outcome by another court.
Civil procedure – application for leave to appeal – condonation for late filing of judgment – lis pendens involving divorce and pension funds.
25 June 2025
Application for leave to appeal granted due to potential for a different outcome in another court.
Appeal – Leave to appeal – ex-tempore judgment – lis pendens in divorce and pension funds – prospects of success in another court.
25 June 2025
The court applied the principle of res judicata to dismiss an exception application to strike a counterclaim.
Civil procedure – Exception application – Res judicata – Preventing re-litigation of issues previously adjudicated – Determination of excipiable counterclaims.
24 June 2025
Court holds an action pending due to previous lawsuit, affecting director liability in corporate case.
Civil procedure – Third party claims – Special pleas – Non-joinder and lis pendens in the context of joint liability and pending litigation.
20 June 2025
An updated valuation under Rule 46A was accepted; Section 129 notice requirements satisfied within summons.
Property Law – Execution – Setting of Reserve Price – Compliance with Rule 46A and section 129 National Credit Act.
18 June 2025
Court upheld lease cancellation due to breaches in subletting, improper use, and financial obligations.
Lease agreement - Breach involving subletting without notification - Improper use of premises - Maintenance and payment obligations - Validity of cancellation due to breaches.
17 June 2025
Court awards damages for loss of earnings and general damages after a motor vehicle accident.
Motor vehicle accident claim – quantum of general damages and loss of earnings – liability of the defendant for compensation.
13 June 2025
Application for leave to appeal dismissed for being out of time, lacking condonation and merit for success.
Appeal – Application for leave to appeal – Filed out of time – No condonation sought – Reasonable prospects of success not demonstrated.
13 June 2025
Court dismissed State's application to reserve questions of law for SCA regarding extradition jurisdiction of accused.
Criminal Procedure – Extradition – Jurisdiction – Validity of extradition request – Reservation of questions of law – Section 319 CPA application.
13 June 2025
Alleged police negligence in arrests lacked proven grounds, leading to dismissal of plaintiffs' claims for damages.
Delict - Negligence - Unlawful arrest and detention - Burden of proof in negligence claims against police.
12 June 2025
12 June 2025
Appeal on summary judgment dismissed; defenses of illegibility, cancellation, and force majeure found unpersuasive.
Civil Procedure – Summary judgment – Compliance with rule 32 – Defences of illegibility, cancellation, and force majeure – Evaluation of bona fide defences.
12 June 2025
The appeal against a life sentence for murder lacked substantial and compelling circumstances for sentence deviation.
Criminal Law - Sentencing - Murder - Appeal against life imprisonment sentence - Substantial and compelling circumstances not present.
12 June 2025
Failure to prove inadequacy of account rendered in compliance with court order resulted in dismissal of contempt application.
Trust law – Account rendering – Sufficient compliance with court order – Contempt allegation for inadequate accounting dismissed.
12 June 2025
An urgency claim based on eviction was rejected due to self-created urgency; application removed from roll.
Urgent application – eviction – self-created urgency – municipal property rights – unlawful occupation – compliance with PIE Act
10 June 2025
Defendants liable for breach of rental contract but wool and progeny damages deemed too remote.
Contract law – breach of rental agreement – damages for failure to return rented livestock – remoteness of wool and progeny damages.
10 June 2025
9 June 2025
6 June 2025
6 June 2025
5 June 2025
5 June 2025
4 June 2025
4 June 2025
3 June 2025
May 2025
29 May 2025
29 May 2025
Appeal dismissed confirming trial court's ruling on conviction and 22-year sentence for rape based on comprehensive evidence assessment.
Criminal Law – Rape – Single-witness testimony – Application of cautionary rule – Appeal against conviction and sentence – Consideration of credibility assessments.
29 May 2025
The appeal against convictions and life sentences for rape was dismissed; the trial court's decision was upheld.
Criminal Law – Rape – Appeal against conviction and sentence – Assessment of witness credibility – Evaluation of substantial and compelling circumstances in sentencing – Minimum sentence legislation.
29 May 2025
27 May 2025
26 May 2025
23 May 2025
22 May 2025
Court applies contingencies to adjudicate quantum for plaintiff's loss of earnings following a road accident.
Motor Vehicle Accident – Quantum – Loss of earnings – Application of appropriate contingencies in calculating pre-morbid earnings.
22 May 2025