South Africa Case Law

Calasca Trading 114 (Pty) Ltd and Another v Rhondo Industrial (Pty) Ltd and Another (026912/2022)

Calasca Trading 114 (Pty) Ltd and Another v Rhondo Industrial (Pty) Ltd and Another (026912/2022) [2025] ZAGPJHC 773 (13 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

026912/2022

Judge

S D J Wilson

The court found that the oral agreement reached in October 2021 and memorialised in the 4 November 2021 email was an agreement between Mr. Glen Fine and Mr. Berger personally to share equally any amount recovered from Mr. David Fine. The context, conduct of the parties, and the evidence presented demonstrated that the individuals did not distinguish between themselves and their companies in the operation of the joint venture. The money recovered from Mr. David Fine was paid into Mr. Berger's personal account, further supporting the conclusion that the agreement bound the individuals. The cour…

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• Joint Venture Dispute
• Contractual Interpretation
• Personal Liability
• Misjoinder
• Settlement Agreement

Old Mutual Alternate Risk Transfer Insure Limited v SA Guarantee Specialists Proprietary Limited and Another (2025/127863)

Old Mutual Alternate Risk Transfer Insure Limited v SA Guarantee Specialists Proprietary Limited and Another (2025/127863) [2025] ZAWCHC 345 (13 August 2025)

Court

Western Cape High Court, Cape Town

Case number

2025/127863

Judge

Morrissey AJ

The High Court granted urgent access and inspection relief to an insurer against its underwriting manager after unauthorised offshore guarantees and non-compliance concerns.

• Specific Performance
• Cell Captive Insurance
• Contract Termination
• Data Access Rights
• Breach Of Contract
• Fiduciary Duties

Metro Chicken (Pty) Ltd and Others v Master of the High Court of South Africa, Durban and Others (D14387/2023)

Metro Chicken (Pty) Ltd and Others v Master of the High Court of South Africa, Durban and Others (D14387/2023) [2025] ZAKZDHC 51 (12 August 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D14387/2023

Judge

Mossop

The High Court dismissed a liquidation challenge for lack of standing and no proof of misconduct. Condonation for a late reply was also refused with costs.

• Winding Up Of Companies
• Liquidator Powers
• Locus Standi
• Sale Of Assets
• Condonation
• Punitive Costs

Ellisras Brandstof and Olieverspreiders (Pty) Ltd and Others v Q4 Fuel (Pty) Ltd (Appeal) (HCAA10/2024 ; 10146/2022)

Ellisras Brandstof and Olieverspreiders (Pty) Ltd and Others v Q4 Fuel (Pty) Ltd (Appeal) (HCAA10/2024 ; 10146/2022) [2025] ZALMPPHC 151 (11 August 2025)

Court

Limpopo High Court, Polokwane

Case number

HCAA10/2024

Judges

Bresler AJ, Ngobeni J, Mangena AJ

The court found that the dispute regarding the calculation of the outstanding balance under the loan agreement was genuine and material, as the required monthly reconciliation and sign-off by both parties had not occurred. The respondent's reliance on a certificate of balance was insufficient to establish the claim on a balance of probabilities, given the lack of compliance with the prescribed methodology and the omission of branding costs. The matter was not suitable for determination on affidavit, and the application procedure was inappropriate in the circumstances. The court held that the…

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• Motion Proceedings
• Loan Agreement Dispute
• Quantification Of Claim
• Genuine Dispute Of Fact
• Referral To Trial

Councillor D.M Pitso (Mayor of Ramotshere Moiloa Municipality) and Another v Councillor L P Letshufi Speaker of Ramotshere Moiloa Local Municipality and Others (2495/2025)

Councillor D.M Pitso (Mayor of Ramotshere Moiloa Municipality) and Another v Councillor L P Letshufi Speaker of Ramotshere Moiloa Local Municipality and Others (2495/2025) [2025] ZANWHC 148 (11 August 2025)

Court

North West High Court, Mafikeng

Case number

2495/2025

Judge

Malane

The High Court dismissed a specific performance claim after finding that an acknowledgment of debt was a credit agreement under the NCA and the applicant was unregistered.

• National Credit Act
• Credit Provider Registration
• Specific Performance
• Acknowledgment Of Debt
• In Duplum Rule
• National-credit-act

Pareto Limited and Another v Kotze (14109/2024)

Pareto Limited and Another v Kotze (14109/2024) [2025] ZAWCHC 338 (8 August 2025)

Court

Western Cape High Court, Cape Town

Case number

14109/2024

Judge

J Cloete

The court found that only the Covid-19 defence raised a triable issue, specifically whether the lockdown regulations hindered or prevented the tenant from performing under the lease, thereby entitling the tenant to further rental remission under the force majeure clause. The plaintiffs failed to engage substantively with the contractual provisions regarding hindered performance and remission of rent, and the defendant's submissions on this point met the threshold for a triable issue. The other defences—regarding unliquidated amounts, renegotiated rental, and ambiguity in the deed of suretyshi…

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• Lease Agreement
• Force Majeure
• Covid 19 Regulations
• Summary Judgment
• Remission Of Rent

ABSA Bank Limited v Loumarles Landgoed (Pty) Ltd (2023/131314)

ABSA Bank Limited v Loumarles Landgoed (Pty) Ltd (2023/131314) [2025] ZAGPPHC 773 (7 August 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023/131314

Judge

Stone AJ

The High Court granted ABSA a provisional winding-up order against Loumarles Landgoed, finding commercial insolvency and rejecting reliance on alternative remedies.

• Winding Up Of Companies
• Commercial Insolvency
• Creditor Rights
• Just And Equitable Liquidation
• Company Debt Enforcement
• Winding-up-of-companies

Woa Fuels and Oils v Africa Rising Petrochem (Pty) Ltd (2022/7368)

Woa Fuels and Oils v Africa Rising Petrochem (Pty) Ltd (2022/7368) [2025] ZAGPJHC 768 (7 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/7368

Judge

Y Carrim

Summary judgment was dismissed because the defendant raised bona fide triable defences about a prior Puma supply agreement, authority, fraud, and unverified damages.

• Summary Judgment
• Contractual Exclusivity
• Authority Of Directors
• Fiduciary Duty
• Liquidated Claim
• Contra Bones Mores

Medtronic (Africa) (Pty) Limited v Capital Endovascular (Pty) Limited and Another (2022/046095)

Medtronic (Africa) (Pty) Limited v Capital Endovascular (Pty) Limited and Another (2022/046095) [2025] ZAGPJHC 745 (5 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/046095

Judge

Adams

The court found that the true intention of the parties, as evidenced by the settlement negotiations and correspondence, was to settle for R48 million plus VAT. The reference to R32 million in words in the written agreement was a typographical error and did not reflect the parties' agreement. The authority of Mr Moodley to conclude the agreement was established by a power of attorney, and any alleged private instructions did not affect his authority as far as the applicant was concerned. The arbitral award was valid and enforceable, and the applicant was entitled to have it made an order of co…

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• Arbitration Act 42 Of 1965
• Enforcement Of Arbitral Award
• Interpretation Of Contracts
• Rectification
• Specific Performance

Gert Sibande District Municipality v Bonginkosi Technologies (Pty) Ltd (5459/2022)

Gert Sibande District Municipality v Bonginkosi Technologies (Pty) Ltd (5459/2022) [2025] ZAMPMHC 37 (4 August 2025)

Court

Middelburg High Court, Mpumalanga

Case number

5459/2022

Judge

Langa

The High Court granted leave to appeal to the Full Court after finding the applicant had shown reasonable prospects of a different outcome.

• Leave To Appeal
• Review Of Tender Award
• Service Level Agreement
• Declaratory Relief
• Costs Award
• Leave-to-appeal