Maseko v Molemela and Others (A2024/016802) [2026] ZAGPJHC 44 (27 January 2026)

begin wrapper begin container begin header begin slogan-floater end slogan-floater - About SAFLII About SAFLII - Databases Databases - Search Search - Terms of Use Terms of Use - RSS Feeds RSS Feeds end header begin main begin center # South Africa: South Gauteng High Court, Johannesburg South Africa: South Gauteng High Court, Johannesburg You are here: SAFLII >> Databases >> South Africa: South Gauteng High Court, Johannesburg >> 2026 >> [2026] ZAGPJHC 44 | Noteup | LawCite sino index ## Maseko v Molemela and Others (A2024/016802) [2026] ZAGPJHC 44 (27 January 2026) Maseko v Molemela and Others (A2024/016802) [2026] ZAGPJHC 44 (27 January 2026) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPJHC/Data/2026_44.html sino date 27 January 2026 ###### IN THE FULL COURT APPEAL COURT OF SOUTH AFRICA IN THE FULL COURT APPEAL COURT OF SOUTH AFRICA GAUTENG DIVISION, JOHANNESBURG CASE NO: A2024/016802 1. Reportable:  No 2. Of interest to other judges: No 3. Revised WRIGHT J In the matter between: ANDILE  AARON MASEKO                                                      APPELLANT and MOLEMELA JA                                                                         FIRST RESPONDENT DAMBUZA JA                                                                            SECOND RESPONDENT KHAMPEPE ADCJ                                                                    THIRD RESPONDENT ZONDI JA                                                                                  FOURTH RESPONDENT CHIEF JUSTICE                                                                        FIFTH RESPONDENT MINISTER OF JUSTICE                                                            SIXTH RESPONDENT JUDGMENT WRIGHT J( STRYDOM J  and SENYATSI J concurring) [1]  On 24 April 2020, Mr Maseko signed a notice of motion. The six cited respondents were as cited in the heading to this judgment. Mr Maseko sought orders that decisions, apparently taken by the JSC or the Judicial Conduct Committee, or individual judges, be replaced. An order was sought too, that “ the government pay damages to the applicant .” Mr Maseko sought also an order that a labour dispute between him and Sasol be remitted to the Labour Court. [2] At some stage in the proceedings, Mr Maseko sought leave to amend his notice of motion to quantify the amount of damages claimed to an amount over R63 million. It is not clear if leave to amend was opposed or granted. [3] The application was opposed. It was dismissed by Olivier AJ on 14 December 2022. [4] Mr Maseko sought leave to appeal and Olivier AJ granted leave to appeal to a Full Court on 29 May 2023. This judgment was apparently handed down on 5 June 2023. [5] There is in the file a document, under the above case number, headed “ Notice of Appeal “. It is signed by Mr Maseko and dated “ - February 2024 “. [6] There is in the heading of this notice only one cited respondent, namely “ M Olivier “. This person is presumably the Olivier AJ who heard and dismissed  the application and who granted leave to appeal. None of the six respondents cited above are cited in the notice of February 2024. [7] At the appeal hearing on 26 January 2026, Mr Maseko appeared in person. [8] Ms Mayet SC, leading Mr A Bleki appeared for the 1 st to 5 th respondents. [9] There was no appearance for the sixth respondent. [10] Mr Maseko confirmed that he sought relief against all named six respondents, including an order that they pay him over R63 million. [11] Ms Mayet confirmed that her attorney, the State Attorney acted only for the 1st to 5 th respondents. [12] Notice of the set down of the hearing for 26 January 2026 was given by Mr Maseko only to the State Attorney and by email. [13] Ms Mayet, having taken specific instructions during a break in the hearing,  informed us that the State Attorney said they had not been given instructions, by the 6 th respondent, to oppose the main application in the first place as Mr Maseko had not complied with the provisions of the State Liability Act 20 of 1957 regarding service, from the beginning. [14] Mr Maseko was unable to point to any document showing that service of the original application or the notice of the appeal hearing, relating to the 6 th respondent, was adequate. [15] In these circumstances, we are concerned that the 6 th respondent has not been given notice of the appeal hearing . ORDER [16] Removed, costs reserved. WRIGHT J SENYATSI J I agree/disagree STRYDOM J I agree/disagree HEARD:                                       26 January 2026 DELIVERED:                               27 January 2026 APPEARANCES    : APPELLANT                               In person andilemasekobfg@gmail.com 1 st to 5 th RESPONDENTS          Adv N Mayet SC with her Adv A Bleki Instructed by                               State Attorney BNkoana@justice.gov.za 6 th Respondent                           No appearance sino noindex make_database footer start