South Africa Case Law

ADP Marine & Modular Proprietary Limited v Rocher and Others (5701/2022)

ADP Marine & Modular Proprietary Limited v Rocher and Others (5701/2022) [2025] ZAWCHC 281 (9 July 2025)

Court

Western Cape High Court, Cape Town

Case number

5701/2022

Judge

Sipunzi

The court found that the applicant failed to demonstrate any necessity or urgency for repeated preservation relief, as the Anton Pillar order of 25 July 2023 already secured the preservation of the seized information and documentation in the custody of the Sheriff. No evidence of threat or interference was presented. Regarding the request to use the seized material for criminal complaints, the court held that the SAPS has sufficient statutory mechanisms to obtain evidence for criminal investigations, and it is not the role of the civil court to dictate or facilitate the use of such material i…

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• Anton Pillar Order
• Preservation Of Evidence
• Copyright Infringement
• Confidential Information
• Discovery Procedure
• Criminal Complaint Utilisation

Voltex (Pty) Ltd v Venkatas and Others (D8229/2024)

Voltex (Pty) Ltd v Venkatas and Others (D8229/2024) [2025] ZAKZDHC 41 (9 July 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D8229/2024

Judge

Masipa

The High Court discharged a rule nisi enforcing a restraint of trade because the restraint period had expired, but ordered the respondents to pay costs.

• Restraint Of Trade
• Confidential Information
• Interim Interdict
• Costs In Motion Proceedings
• Restraint-of-trade
• Mootness

Nkwali v Transnet National Ports Authority and Others (C10/2020)

Nkwali v Transnet National Ports Authority and Others (C10/2020) [2025] ZALCCT 52 (9 July 2025)

Court

Labour Court Cape Town

Case number

C10/2020

Judge

Tlhotlhalemaje

Review of an arbitration award upholding dismissal for procurement, safety, PFMA, and ethics breaches was dismissed as the court found the process fair and the sanction reasonable.

• Unfair Dismissal
• Public Finance Management Act
• Disciplinary Procedure
• Delegation Of Authority
• Conflict Of Interest
• Procurement Irregularities

Makhabo v Viljoen and Others (2022/059140)

Makhabo v Viljoen and Others (2022/059140) [2025] ZAGPPHC 688 (9 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

2022/059140

Judge

MPD Chabedi

The court granted summary judgment for R500,000 after finding no bona fide defence to misrepresentation and undue enrichment arising from an uncompleted franchise deal.

• Summary Judgment
• Misrepresentation
• Undue Enrichment
• Franchise Agreement
• Liquidated Claim
• Summary-judgment

Tsele and Another v Kgetleng Rivier Local Municipality and Another (273/25)

Tsele and Another v Kgetleng Rivier Local Municipality and Another (273/25) [2025] ZANWHC 116 (9 July 2025)

Court

North West High Court, Mafikeng

Case number

273/25

Judge

Masike

The High Court confirmed a rule nisi restoring electricity to the applicants’ home, holding the municipality’s disconnection was unlawful spoliation.

• Mandament Van Spolie
• Urgent Interdict
• Electricity Supply Disconnection
• Restoration Of Possession
• Self Help Remedy
• Mandament-van-spolie

BMW Financial Services CC v Ndlangisa Funeral Services CC and Another (12251/2023P)

BMW Financial Services CC v Ndlangisa Funeral Services CC and Another (12251/2023P) [2025] ZAKZPHC 66 (9 July 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

12251/2023P

Judge

Masipa

Condonation for the late filing of the summary judgment application is refused because, although the delay was minimal and reasonably explained, the applicant failed to demonstrate any prospects of success in the summary judgment application. The respondents had remedied the arrears prior to the hearing, and the evidence did not establish a persistent breach at the time of summons. Enforcement of cancellation and repossession in these circumstances is contrary to public policy and fairness, as the underlying indebtedness had been cured. The respondents raised genuine disputes of fact regardin…

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• Summary Judgment
• Condonation
• Instalment Sale Agreement
• National Credit Act
• Consumer Protection Act
• Public Policy

Standard Bank of South Africa Limited v Troskie Consultants (Pty) Ltd and Another (2023/012036)

Standard Bank of South Africa Limited v Troskie Consultants (Pty) Ltd and Another (2023/012036) [2025] ZAGPJHC 664 (8 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/012036

Judge

T Engelbrecht

The court found that the applicant and first respondent entered into seven instalment sale agreements, which the first respondent breached by failing to make payments. The respondent’s defence that the applicant’s omission of VAT numbers and addresses caused SARS to reject VAT claims, thereby making performance impossible, was rejected. The agreements did not make payment conditional on VAT refunds, and the respondent was responsible for ensuring correct information was included. The court held that any impossibility was subjective and self-created, not objective. Payments were made for a sub…

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• Instalment Sale Agreements
• Contract Cancellation
• Specific Performance
• Duty Of Care
• Dispute Of Fact

Pretoria Educational Centre (Pty) Ltd v City of Tshwane Metropolitan Municipality and Another (008172/2022)

Pretoria Educational Centre (Pty) Ltd v City of Tshwane Metropolitan Municipality and Another (008172/2022) [2025] ZAGPPHC 683 (8 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

008172/2022

Judge

Nthambeleni

The High Court found the City of Tshwane and its municipal manager in contempt for failing to comply with transfer orders, imposed a suspended fine, and awarded costs.

• Contempt Of Court
• Enforcement Of Court Orders
• Urgent Application
• Municipal Governance
• Contempt-of-court
• Court-order-enforcement

Mokoena v West Rand District Municipality and Others (J599/22)

Mokoena v West Rand District Municipality and Others (J599/22) [2025] ZALCJHB 320 (8 July 2025)

Court

Labour Court Johannesburg

Case number

J599/22

Judge

M Makhura

The court held that the 60-day period in section 57(2)(a)(i) of the Municipal Systems Act refers to working days, not calendar days, and excludes weekends and public holidays. The applicant was required to work Monday to Friday, and there was no agreement to work on public holidays. Counting 60 working days from 1 December 2016, the last day for signing the performance agreement was 28 February 2017. The applicant signed the agreement on 27 February 2017, within the prescribed period. Therefore, the jurisdictional requirements for the contract to lapse were not met, and the respondent's relia…

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• Fixed Term Contracts
• Unlawful Dismissal
• Interpretation Of Statutes
• Performance Agreements
• Audi Alteram Partem
• Remuneration Claim

Sayers v Snaid and Morris Incorporated (130616/2023)

Sayers v Snaid and Morris Incorporated (130616/2023) [2025] ZAGPJHC 665 (8 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

130616/2023

Judge

Engelbrecht

The High Court granted a final winding-up order, finding the respondent unlawfully misrepresented liability for fees and pursued inflated execution against a creditor.

• Just And Equitable Winding Up
• Fraudulent Conduct
• Liquidation And Distribution Account
• Creditor Rights
• Companies Act
• Misrepresentation