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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
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Judgment date
April 2022
Erf 23 Magaliesig CC v Firstrand Bank Limited and Another (39085/2016) [2022] ZAGPPHC 880 (29 April 2022)
Rule 46A is not retrospective; sale in execution without a reserve price valid where executability order predated the rule.
Execution—Uniform Rule 46A—Non‑retrospectivity: Rule 46A does not apply to executability orders granted before its commencement; reserve‑price requirements under Mokebe/Hendricks concern primary residences and post‑rule procedure; joinder and corporate deponent authority considered but rendered moot by non‑retroactivity finding.
 29 April 2022
Mogale City Municipality v Van Wyk and Another (38605/2020) [2022] ZAGPPHC 687 (29 April 2022)
29 April 2022
Stark N.O v John Tsietsi Aphiri t/a Aphiri Attorneys (6651/2018) [2022] ZAGPPHC 722 (29 April 2022)
Rescission of summary judgment refused where defendant wilfully defaulted, delay unexplained and no prima facie defence shown.
Civil procedure – rescission of judgment – Rule 42(1) and common law grounds; condonation for non‑compliance and late affidavits; Rule 30 irregular step; locus standi and power of attorney in trust litigation; requirements for bona fide defence and reasonable explanation for default.
 29 April 2022
Van Zyl v Steyn (83856/15) [2022] ZAGPPHC 723 (28 April 2022)
Leave to appeal against a costs order requires realistic prospects of success and exceptional circumstances; draft order corrected under Rule 42.
Costs — application for leave to appeal — Superior Courts Act s 17(1)(a)(i): leave only where appeal would have a reasonable prospect of success; Ramakatsa does not lower threshold; appellate interference with costs discretion limited to material misdirection, wrong principles, or unreasonable decision; exceptional circumstances required to extend or permit appeal on costs; Rule 42(1)(b) — making agreed draft order an order of court.
 28 April 2022
Kusasa Refining (Proprietary) Limited v Commissioner for South African Revenue Services (56820/2021) [2022] ZAGPPHC 1197 (20 April 2022)
Failure to decide whether to finalise a VAT audit constituted reviewable administrative action; court ordered decision within ten days.
Tax administration — section 42 Tax Administration Act — duty to keep taxpayer informed of audit progress; failure to take decision to finalise audit — reviewable administrative action under PAJA (unreasonable delay) — audi alteram partem and procedural fairness — remedy directing decision within fixed short period; costs awarded.
 20 April 2022
Barda v Minister of Police (8901/16) [2022] ZAGPPHC 710 (19 April 2022)
Arrest under s40(1)(b) CPA was lawful: officer had reasonable grounds for suspected kidnapping and properly exercised discretion.
Criminal procedure – Arrest without warrant – Section 40(1)(b) CPA – Objective reasonable suspicion for Schedule 1 offence (kidnapping) – Exercise of discretion to arrest – No extra jurisdictional "fifth" fact; onus on arresting party to justify arrest.
 19 April 2022