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High Court of South Africa South Gauteng, Johannesburg - 2025 November

159 judgments
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159 judgments
Citation
Judgment date
November 2025
Beach Head Holdings (Pty) Ltd v Thabo Mphelo Films (Pty) Ltd (2024-029031) [2025] ZAGPJHC 1186 (3 November 2025)
Ambiguous AoD references create a triable issue as to who is debtor; summary judgment dismissed with costs.
• Civil procedure – summary judgment (Rule 32) – defendant must disclose bona fide defence with material facts. • Contract interpretation – ambiguous instrument – interpretative triad: text, context and purpose; extrinsic evidence admissible to resolve ambiguity. • Acknowledgement of Debt – inconsistent pronouns and references may create a triable issue as to debtor’s identity.
 3 November 2025
BMW Financial Services SA (Pty) Ltd v Selamolela Incorporated (2024-117320) [2025] ZAGPJHC 1140 (3 November 2025)
Applicant entitled to summary judgment for cancellation and return of vehicle; respondent failed to raise a bona fide defence.
Summary judgment — Rule 32(2)(a) and (3)(b) — deponent’s knowledge via company records; bona fide defence requirement; registration under National Credit Act; repossession under instalment sale agreement; statement/debatement of account.
 3 November 2025
Central Authority of the Republic of South Africa and Another v L L (2025-178969) [2025] ZAGPJHC 1152 (3 November 2025)
Child to be returned to Denmark; no parental consent or Article 13(b) grave‑risk defence established.
Hague Convention (Art 12, 13) — habitual residence and wrongful removal — Article 13(a) consent/acquiescence; Article 13(b) grave risk standard — high evidential threshold; evidential assessment in summary Convention proceedings; ancillary protective measures and enforcement.
 3 November 2025
Corion Capital (Pty) Ltd v Seshego Benefit Consulting (Pty) Ltd (2024-021132) [2025] ZAGPJHC 1141 (3 November 2025)
Leave to appeal refused: invoice dispute and punitive costs lacked reasonable prospects; court corrected payment date and costs wording.
• Civil procedure — Leave to appeal — Section 17(1)(a) Superior Courts Act — higher threshold: appeal must have a reasonable prospect of success or other compelling reason. • Contract interpretation — Investment Advisory Agreement — fees payable on month-end value of entire Seshego portfolios until termination date. • Evidence — disputed indebtedness — requirement to produce objective proof (bank statements/confirmations) of payments from third party (Old Mutual). • Costs — punitive (attorney-and-client) costs justified where defence is contrived and raised after litigation; appellate interference limited absent misdirection. • Rule 42(1)(b) — court may mero motu correct patent errors or ambiguities in its order (amend payment date; delete erroneous phrase re advocates’ costs).
 3 November 2025
Diluculo Properties (Pty) Limited v City of Johannesburg and Others (2023-10531) [2025] ZAGPJHC 1138 (3 November 2025) (Leave to Appeal)
Leave to appeal refused: municipal water charges prescribe; s102(2) Systems Act does not suspend prescription.
Municipal law — water consumption charges — prescription — section 102(2) Municipal Systems Act does not suspend or delay prescription; consumption charges are ordinary debts prescribing after three years; municipality bears onus to prove meter accuracy and account correctness; leave to appeal requires a reasonable prospect of success under s17(1) Superior Courts Act.
 3 November 2025
Hychem (Pty) Ltd v Nalek Security (Pty) Ltd (2024-055804) [2025] ZAGPJHC 1137 (3 November 2025)
An offer to pay without actual payment does not relieve a debtor from costs; costs awarded on Scale C.
Companies Act — Winding-up application — Withdrawal after payment — effect of offers/tenders without payment on costs liability. Civil procedure — Costs — Rule 67A and Rule 69 — selection of scale (Scale C justified by complexity, value and delay). Practice — A mere undertaking or offer to pay does not oblige applicant to withdraw or postpone proceedings in absence of actual payment.
 3 November 2025
Langson v Road Accident Fund (20132/21) [2025] ZAGPJHC 1154 (3 November 2025)
Leave to appeal against a R650,000 general damages award dismissed for lacking reasonable prospects under s17 Superior Courts Act.
Civil procedure – leave to appeal – Superior Courts Act s17(1)(a) – reasonable prospects of success required; mere possibility of a different view insufficient. Damages – assessment of general damages for multiple injuries (comminuted femur fracture, facial fracture, mild traumatic brain injury) – factual evaluation and comparators – awards are case-specific. Precedent – reliance on Masemola distinguished; prior awards not automatically determinative.
 3 November 2025
R W K v K A M and Another (181093/2025) [2025] ZAGPJHC 1143 (3 November 2025)
Court dispensed with non-custodial parent’s consent for passport/visa, finding short holiday in child’s best interests and withholding of consent mala fide.
Children’s Act s18(3)(iii) — dispensing with parental consent for passport and travel; Regulation GNR784/1986 — consent for minor’s passport; best interests of the child principle; child’s participation (s10); urgency under Rule 6(12); mala fide withholding of consent and disguised relocation considerations.
 3 November 2025
TRGK Investments (Pty) Limited v City of Johannesburg Metropolitan Municipality (2024-007135) [2025] ZAGPJHC 1136 (3 November 2025)
A municipal billing dispute properly raised under s102(2) Systems Act can delay completion of prescription under s13(1)(a) Prescription Act; electricity charges before 30 April 2017 prescribed.
• Municipal law – Systems Act s102(2) – dispute about specific billed amounts bars debt‑collection measures while unresolved; • Prescription Act s13(1)(a) – statutory impediment: s102(2) constitutes a legal impediment delaying completion of prescription; • Prescription – when debt is due; interplay between municipal dispute procedures and running/interruption of prescription; • Practice – condonation for late filing of answering affidavit refused; costs awarded on punitive scale.
 3 November 2025