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High Court of South Africa North Gauteng, Pretoria

The Gauteng Division of the High Court of South Africa is a superior court of law which has general jurisdiction over the South African province of Gauteng and the eastern part of North West province. The main seat of the division is at Pretoria, while a local seat at Johannesburg has concurrent jurisdiction over the southern parts of Gauteng. 

8 judgments
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8 judgments
Citation
Judgment date
December 2021
Cawood NO v Murray NO and Others (A127/19) [2021] ZAGPPHC 9 (12 December 2021)
Reported
Court held it lacks inherent or statutory power to order BRPs to forfeit fees; remedies lie in gross-negligence/liquidation processes.
Companies Act — business rescue — conversion to liquidation (s141(2)(a)(ii)) — residual powers (s141(3)) — limitation on 'any other order' — business rescue practitioners as 'officers of the court' (s140(3)(a)) — scope limited — no inherent court power to order repayment/forfeiture of BRP fees — remedies available via gross negligence liability (s140(3)(c)(ii)) and insolvency/liquidation processes.
 12 December 2021
November 2021
Arena Holdings (Pty) Ltd t/a Financial Mail and Others v SARS and Others (88359/2019) [2021] ZAGPPHC 3 (16 November 2021)
Reported
A public-interest override can permit disclosure of taxpayer records despite statutory secrecy, where justified under the Constitution.
Taxpayer confidentiality; PAIA public-interest override; constitutionally protected access to information and freedom of expression; limitation analysis under section 36; reading-in remedy; suspension of declaration; substitution of administrative decision.
 16 November 2021
September 2021
Mnumzana v S (379/2019) [2021] ZAGPPHC 7 (6 September 2021)
Conviction upheld: reasonable inferences from circumstantial evidence supported fraud despite no direct proof of representation.
Fraud — fraudulent misrepresentation — circumstantial evidence and inferences — when inference is reasonable not speculative — credibility findings — sufficiency of evidence to convict.
 6 September 2021
August 2021
Firstrand Bank Limited t/a Wesbank v Sesimani (58683/2019) [2021] ZAGPPHC 4 (31 August 2021)
31 August 2021
July 2021
Pienaar NO v Silver Lake Home Owners Association NPC (A391/2019) [2021] ZAGPPHC 8 (12 July 2021)
Whether a withdrawal notice with a costs tender bars the court from exercising its discretion to award higher costs.
Magistrates' Court Rule 27(3) — interpretation — purposive approach; notice of withdrawal containing a costs consent does not automatically oust the court's discretion to award a different scale of costs; slavish literal application unlawful; courts retain overriding discretion to determine costs; attorney-and-client costs may be awarded despite a tender of party-and-party costs.
 12 July 2021
June 2021
Van Heerden and Another v Hambsch ; In re: Bernie Hambsch t/a Rhodes & Hambsch Civils and Plant Hire v Van Heerden and Others (7408/2017) [2021] ZAGPPHC 10 (18 June 2021)
Settlement agreements in contractor–employer disputes are not NCA credit agreements; rescission application dismissed.
NCA – s 8(4)(f) – whether settlement agreements constitute credit transactions; NCA – registration as credit provider (s 40) and unlawfulness (s 89(2)); NCA – pre-litigation requirements (ss 129, 130); Civil procedure – rescission of consent order – Uniform Rules 42(1)(a) and 31(2)(b); Sufficient cause and bona fide defence requirement for rescission.
 18 June 2021
Alexander Forbes Insurance Company Ltd v Cingo (40210/20) [2021] ZAGPPHC 5 (14 June 2021)
Rescission refused: insurer’s negligent handling of summons and unsubstantiated defences fail common-law test.
Rescission of judgment – Rule 42(1) – grounds not established; Common-law rescission – requirement of reasonable explanation for default and bona fide defence with prospects of success – insurer’s administrative failures amount to gross negligence; pleaded defences without supporting documentation fail to show prima facie prospects of success.
 14 June 2021
April 2021
Takubiza Trading Projects CC v City of Ekurhuleni and Others (1436/2021) [2021] ZAGPPHC 6 (20 April 2021)
Tender awards set aside for procedurally unfair evaluation and for being made after bid validity expired.
Procurement law; administrative justice; procedural fairness in tender evaluation; duty to follow up on contactable references; compliance with Supply Chain Management Policy on bid validity extensions; invalidity of awards made after bid validity expiry; section 217 Constitution; PAJA.
 20 April 2021