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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. 

6 judgments
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6 judgments
Citation
Judgment date
March 2022
Baloyi v Minister of Police (20987/2017) [2022] ZAGPPHC 787 (30 March 2022)
Police who fired rubber bullets at fleeing students acted unlawfully; plaintiff entitled to full damages and costs.
Public order policing; use of less-lethal force – rubber bullets and stun grenades; defence of necessity – objective reasonableness; onus and credibility of single witness; negligence (Kruger v Coetzee) and adequacy of police preparation.
 30 March 2022
Macberth Attorneys Inc v South African Forestry Company Soc Ltd and Others (29177/2020) [2022] ZAGPPHC 1190 (22 March 2022)
Late leave‑to‑appeal refused where judgment email was deemed received under ECTA and any appeal lacked practical effect.
Condonation — failure to account for delay; email service deemed received under ECTA s23; leave to appeal requires reasonable prospects of success; appeal must have practical effect; review of termination of mandate; costs on opposed scale.
 22 March 2022
Trustees for the time being of Groundwork Trust and Another v Minister of Environmental Affairs and Others (39724/2019) [2022] ZAGPPHC 725 (18 March 2022)
18 March 2022
Makgaleng and Another v Golden West Social Housing NPC and Others (48702/2020) [2022] ZAGPPHC 885 (16 March 2022)
16 March 2022
Mdluli v National Consumer Tribunal and Others (A 195/19) [2022] ZAGPPHC 686 (11 March 2022)
Interest claim dismissed for lack of proven loss; successful consumer awarded costs against the seller.
Consumer Protection/National Credit – refund following misrepresentation – restitution versus damages – claim for repayment of bank loan interest requires proof of inducement and loss. Burden of proof – damages claimed as interest must be pleaded and proved; appellate court will not substitute factual findings. Costs – discretion under s147 National Credit Act and Tribunal Rule 25 – successful complainant ordinarily entitled to costs; non‑participation by respondent does not preclude award of costs.
 11 March 2022
National Stadium South Africa and Another v Zylec Investments (Pty) Ltd (22428/2019) [2022] ZAGPPHC 1189 (1 March 2022)
Fixed contractual due date created mora ex re; defendant liable for unpaid rent, interest and attorney-and-own-client costs.
Contract — Mora ex re — fixed contractual due date for payment (1 November) creates automatic mora without demand; invoice calculation (CPI and VAT) upheld; interest at prime +2%; contractual attorney-and-own-client costs enforced.
 1 March 2022