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High Court of South Africa KwaZulu-Natal, Durban

The KwaZulu-Natal Division of the High Court of South Africa is a superior court of law with general jurisdiction over the KwaZulu-Natal province of South Africa. The main seat of the division is at Pietermaritzburg, while a subordinate local seat at Durban has concurrent jurisdiction over the coastal region of the province.

8 judgments
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8 judgments
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Judgment date
February 2026
Kula and Others v Busamed (Pty) Ltd and Others (2025-008323) [2026] ZAKZDHC 8 (6 February 2026)
High Court struck urgent employment application for lack of urgency, finding Labour Act remedies appropriate.
Rule 7(1) – authority to institute proceedings; Urgency – self-created urgency and requirements of Rule 6(12); Jurisdiction – primacy of the Labour Relations Act, CCMA/Labour Court for unfair dismissal disputes; Contract vs unfair dismissal – specific performance/reinstatement dressed as contractual claim; Companies Act s163 – not a route to reinstatement where relationship broken down; Costs – award of wasted costs and costs of two counsel on Scale C.
 6 February 2026
Firstrand Bank Limited v Pillai (D11901/2024) [2026] ZAKZDHC 7 (4 February 2026)
Applicant's claim for arrears dismissed where admitted pre-payment was unaccounted and respondent granted debatement.
Mortgage/home loan – alleged arrears – admitted pre-payment of R114,000 – bank’s failure to account – evidentiary burden to prove payment/application – debatement of account ordered – special execution not considered.
 4 February 2026
M R S v B S and Others (D1249/2025) [2026] ZAKZDHC 6 (4 February 2026)
Rescission granted where attorney knowingly presented an opposed divorce as unopposed; funds preserved and attorney ordered to pay costs personally.
Civil procedure – rescission of judgment – Uniform Rule 42(1)(a) – judgment obtained by misrepresentation; Legal ethics – duty of honesty and candour to court – attorney’s misrepresentation of opposed matter as unopposed; Preservation of assets – interlocutory interdict and payment into trust pending finalisation; Costs – de bonis propriis and attorney-and-client scale; Regulatory referral to Legal Practice Council.
 4 February 2026
Naidoo v Gayregina Investments CC and Another (D4690/2023) [2026] ZAKZDHC 5 (4 February 2026)
A liquidation application against a deregistered close corporation is invalid; provisional liquidation discharged and lawyers ordered to refund fees.
Company law – Close corporation deregistration – Final deregistration under Companies Act dissolves entity; assets vest bona vacantia – Liquidation application against deregistered entity is invalid/nullity – Procedural duty on practitioners to verify corporate status (CIPC) and comply with Uniform Rules – Costs consequences and requirement to refund fees for practitioner misconduct.
 4 February 2026
Engen Petroleum (Pty) Ltd v Hitech Chemicals (Pty) Ltd and Another (D1613/2025) [2026] ZAKZDHC 4 (3 February 2026)
A director’s signed AOD was enforceable; ostensible authority and continuity on conversion upheld, and the surety was liable.
Company law – validity of director’s signature – ostensible authority and s 20(7)/(8) Companies Act; Acknowledgement of debt enforceability; Duress/undue influence in creditor-debtor context; Suretyship enforceability following conversion from close corporation to company; Quantum in motion proceedings.
 3 February 2026
January 2026
Capitec Bank Limited v Mountain Meadow Investments (Pty) Limited and Another (D3133/2025) [2026] ZAKZDHC 2 (21 January 2026)
Bank entitled to judgment on loan and overdraft; suretyship valid, NCA inapplicable, surety’s liability capped at R1,950,000.
Banking and contract – loan and overdraft facility – validity of loan agreement, overdraft and suretyship – certificate of balance requirements – corporate deponent's knowledge and attorney authority – National Credit Act inapplicable to juristic person above threshold – reckless credit defence unavailable – surety's liability limited by deed.
 21 January 2026
Govindan and Another v Govindan and Another (D12592/2022) [2026] ZAKZDHC 3 (19 January 2026)
Owner entitled to evict elderly occupiers; court balanced PIE s4(7) factors, granting delayed eviction with relocation conditions.
PIE Act s 4(7) – eviction by private owner – two-stage enquiry (just and equitable; implementation and conditions) – elderly occupiers – municipal alternative accommodation – validity of will and Master’s letters – conditions: delayed eviction, utilities, relocation costs, sheriff enforcement.
 19 January 2026
Matthew and Others v Africa Imaging (Pty) Ltd and Others (D6693/2024) [2026] ZAKZDHC 1 (13 January 2026)
Whether a notarial bond was simulated and whether a director’s removal and replacement complied with the Companies Act and shareholders’ agreement.
Companies Act — s61(3) requisitioned shareholders’ meeting — board obliged to convene; s65(4) explanatory material and challenge under s65(5) — failure to seek interim relief bars later attack; s71(1) removal of director by ordinary resolution — proprietary shareholder right not requiring good faith; shareholders’ agreement trumps majority appointment where nomination rights reserved; simulated transaction — notarial bond may be prima facie simulated; interim interdict to preserve company assets pending trial; minority shareholder locus standi to protect shareholding value.
 13 January 2026