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High Court of South Africa North-West, Mafikeng

The Judges currently  serving on duty at the North West High Court are:

  1. Hon. Judge President RD Hendricks
  2. Hon. Deputy Judge President Djaje
  3. Hon. Judge Petersen
  4. Hon. Judge Reid
  5. Hon. Judge Mfenyana
  6. Hon. Judge Reddy
12 judgments
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12 judgments
Citation
Judgment date
April 2025
Firstrand Bank Ltd t/a First National Bank v Letlotlo Enterprise (Pty) Ltd and Another (2426/22) [2025] ZANWHC 163 (29 April 2025)
Summary judgment granted for recovery on an overdraft facility; defendants’ jurisdictional and technical objections rejected and no bona fide defence found.
Summary judgment – Overdraft facility – Suretyship – Authority to depose to affidavit – Commissioning of affidavits – Rule 32 of Uniform Rules – High Court jurisdiction concurrent with Magistrates’ Court – Sufficiency of defendant’s bona fide defence
 29 April 2025
Nedbank Limited v Morakeng (1712/2023) [2025] ZANWHC 76 (29 April 2025) (Default judgment)
Court confirms jurisdiction and grants default judgment for contract termination and damages due to non-compliance.
Civil procedure – jurisdiction – conclusion of contract within territorial jurisdiction – section 129 notice under National Credit Act – default judgment granted.
 29 April 2025
C D S obo K O S v Road Accident Fund (RAF 583/2023) [2025] ZANWHC 82 (25 April 2025)
Court awards damages for minor injured in accident, focusing on general damages and loss of earning capacity.
Road Accident Fund – Damages – Quantum for general damages and loss of earning capacity for a minor passenger injured in an accident.
 25 April 2025
C D S obo K O S v Road Accident Fund (RAF 583/2023) [2025] ZANWHC 88 (25 April 2025)
Court awards R5,788,983.05 for child's injury with funds managed via a trust.
Personal Injury - Quantum determination - Child passenger injured in motor vehicle accident - Award for general damages and loss of earning capacity - Establishment of trust for compensation management.
 25 April 2025
Makhubele v Minister of Police and Another (1320/2021) [2025] ZANWHC 80 (25 April 2025)
Arrest under s40(1)(b) was lawful; applicant failed to prove alleged assault and unlawful detention.
Criminal procedure – Arrest without warrant – s 40(1)(b) – reasonable suspicion may be based on complainant identification and preliminary investigations. Delict – Assault and detention – onus on applicant to prove assault on a balance of probabilities; medical records and inconsistencies may undermine claim. Constitutional right to freedom and security – once unlawfulness is pleaded, respondent must justify deprivation of liberty.
 25 April 2025
Peacanwood Estate Homeowners Association NPC v Ntsanwisi and Another (2066/2020) [2025] ZANWHC 161 (22 April 2025)
The High Court retains concurrent jurisdiction over levy disputes and is not required to refer such matters to the Ombud.
Community Schemes Ombud Service – jurisdiction – High Court retains concurrent jurisdiction to adjudicate levy disputes – no requirement to exhaust Ombud forum before approaching court – exclusive jurisdiction not conferred on Ombud by CSOS Act – doctrine of forum non conveniens not applicable – discretion to refer matter to Ombud depends on case-specific exceptional circumstances.
 22 April 2025
Tikoe v Minister of Police (1634/2023) [2025] ZANWHC 75 (15 April 2025)
Rule 34 offer conceded liability; court awarded R850,000 for unlawful arrest and detention, plus interest and costs.
Unlawful arrest and detention; Rule 34(1)/(5) written offer as concession of merits; assessment of quantum for deprivation of liberty; consideration of detention conditions, trauma and defendants litigation conduct; award of damages, interest and costs.
 15 April 2025
Khorae v Minister of Police (2144/2021) [2025] ZANWHC 73 (10 April 2025)
Applicant awarded R220,000 for eight days’ unlawful detention in inhumane conditions; interest and costs granted.
Unlawful arrest and detention — assessment of damages — factors: duration, circumstances of arrest, inhumane detention conditions, disability of detainee, solatium and deterrence; interest and costs awarded.
 10 April 2025
S v Mrambule (A425/2024) [2025] ZANWHC 74 (10 April 2025) (Review)
Plea proceedings set aside due to procedural irregularities in questioning under section 112(1)(b) of the CPA.
Criminal procedure – guilty plea – Section 112(1)(b) of the Criminal Procedure Act – driving under influence – specific charge requirements.
 10 April 2025
Mvala v S (CAB 3/2025) [2025] ZANWHC 72 (9 April 2025)
Reported
Bail refusal based on affidavit technicalities vitiated proceedings and warranted set-aside and remittal.
Bail — Affidavit admissibility under s 60(11)(b) CPA; compliance with Justices of the Peace and Commissioners of Oaths Regulations; substance over form; procedural irregularity in bail hearings; setting aside and remittal for de novo bail application.
 9 April 2025
Pelser v Minister of Police (1296/2018) [2025] ZANWHC 70 (4 April 2025)
Application for leave to appeal dismissed; arrest lawfulness upheld and 48‑hour detention extension under s35/s50 correctly interpreted.
Criminal procedure – lawfulness of arrest – exercise of police discretion; Constitutional and statutory interpretation – s35(1)(d)(ii) and s50(1)(d) – 48‑hour detention rule and next court day extension; leave to appeal – reasonable prospect of success.
 4 April 2025
Phelelo and Others v Kgetlengrivier Local Municipality and Others (6521-24) [2025] ZANWHC 68 (2 April 2025)
Applicants failed to establish urgency for environmental interdict; matter struck off and party-and-party costs awarded against applicants.
Urgency — Rule 6(12)(b): applicant must explicitly set out circumstances rendering matter urgent and why ordinary course is inadequate; Interim vs final relief — pleadings must be coherent and specify the case to be met; Judicial intervention in procurement — court should not authorise appointments that bypass section 217 procurement requirements; Costs — party-and-party costs appropriate where urgency and papers are deficient, attorney-and-client costs not warranted.
 2 April 2025