South Africa Case Law

New GX Enviro Solutions and Logistics Holdings (Pty) Ltd v City of Tshwane Metropolitan Municipality (53694/2020)

New GX Enviro Solutions and Logistics Holdings (Pty) Ltd v City of Tshwane Metropolitan Municipality (53694/2020) [2024] ZAGPPHC 308 (2 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

53694/2020

Judge

Marx du Plessis

The High Court dismissed New GX’s leave-to-appeal application, finding no reasonable prospects of success or compelling reason to revisit the Rule 42(1)(b) ruling.

• Variation Of Court Orders
• Rule 42 Application
• Declaratory Relief
• Accrued Rights
• Just And Equitable Remedy
• Leave-to-appeal

Discovery Insure Limited v Masindi (534/2022)

Discovery Insure Limited v Masindi (534/2022) [2023] ZASCA 101 (14 June 2023)

Court

Supreme Court of Appeal

Case number

534/2022

Judges

Petse, Saldulker, Mabindla-Boqwana, Weiner, Masipa

The Supreme Court of Appeal held that clause 5.13 of the Discovery policy is clear and unambiguous: any fraudulent claim, even if only part of the claim is fraudulent, entitles the insurer to cancel the policy retrospectively from the incident date and to reclaim all amounts paid, including those for genuine components. The respondent forfeited all benefits under the policy when he submitted a partly fraudulent claim. The argument that accrued rights to genuine claims survive cancellation was rejected, as it would render the forfeiture clause nugatory and undermine its purpose of deterring fr…

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• Insurance Contract Interpretation
• Fraudulent Claims
• Forfeiture Of Benefits
• Accrued Rights
• Penalty Clauses

Govan Mbeki Municipality v New Integrated Credit Solutions (Pty) Ltd (121/2020)

Govan Mbeki Municipality v New Integrated Credit Solutions (Pty) Ltd (121/2020) [2021] ZASCA 34; [2021] 2 All SA 700 (SCA); 2021 (4) SA 436 (SCA) (7 April 2021)

Court

Supreme Court of Appeal

Case number

121/2020

Judges

Navsa, Dambuza, Mocumie, Kgoele, Goosen

The Supreme Court of Appeal held that the contract between Govan Mbeki Municipality and New Integrated Credit Solutions (Pty) Ltd was unconstitutional and invalid due to egregious non-compliance with procurement regulations and constitutional imperatives. The inclusion of a 2.5% commission for debts younger than 60 days was not subjected to a competitive bidding process, lacked demonstrable benefits, and was unfair to other bidders. The municipality's delay in seeking self-review was unreasonable and not overlooked, but the court was compelled to declare the contract invalid. Applying section…

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• Public Procurement
• Municipal Supply Chain Management
• Delay In Self Review
• Just And Equitable Remedy
• Contract Invalidity
• Accrued Rights

Networked Energy Services Corporation v Utility Administration Services (Pty) Ltd (2019/11710)

Networked Energy Services Corporation v Utility Administration Services (Pty) Ltd (2019/11710) [2020] ZAGPJHC 79 (12 March 2020)

Court

South Gauteng High Court, Johannesburg

Case number

2019/11710

Judge

Wepener

The High Court held that the applicant’s right to payment accrued before cancellation, so the respondent’s reliance on cancellation, damages election, and late tender failed.

• Specific Performance
• Accrued Rights
• Contract Cancellation
• Repudiation
• Damages Claim
• Late Tender

FirstRand Bank Ltd v Nedbank Ltd (1249/17)

FirstRand Bank Ltd v Nedbank Ltd (1249/17) [2019] ZASCA 47 (29 March 2019)

Court

Supreme Court of Appeal

Case number

1249/17

Judges

Cachalia, Mbha, Van der Merwe, Dlodlo, Rogers

The SCA held that book debts sold to Nedbank under an invoice discounting agreement did not revert on cancellation; Nedbank’s accrued ownership remained intact.

• Contract Interpretation
• Cession Of Book Debts
• Security Cession
• Accrued Rights
• Cancellation Of Contract
• Repurchase Mechanism

Tarspray CC v Ashalt Services CC (A5061/2016)

Tarspray CC v Ashalt Services CC (A5061/2016) [2017] ZAGPJHC 307 (8 November 2017)

Court

South Gauteng High Court, Johannesburg

Case number

A5061/2016

Judges

Mavundla, Wepener, Twala

The court held the contract was between Tarspray and Asphalt Services, and that acceptance of breach ended contractual claims after 11 October 2009.

• Breach Of Contract
• Quantum Of Damages
• Set Off
• Standing Time
• Accrued Rights
• Breach-of-contract

Municipal Employees' Pension Fund and Another Mudau and Another (61555/14)

Municipal Employees' Pension Fund and Another Mudau and Another (61555/14) [2017] ZAGPPHC 157 (29 March 2017)

Court

North Gauteng High Court, Pretoria

Case number

61555/14

Judge

TJ Raulinga

The High Court held that a pension fund adjudicator had jurisdiction and that an amended rule could not be applied to reduce a member’s already accrued withdrawal benefit.

• Pension Fund Adjudicator Review
• Retrospective Application Of Rules
• Procedural Fairness
• Accrued Rights
• Condonation
• Pension-fund-adjudicator-review

Renaissance BJM Securities (Proprietary) Limited v Grup (JA60/2014)

Renaissance BJM Securities (Proprietary) Limited v Grup (JA60/2014) [2015] ZALAC 48; [2016] 2 BLLR 135 (LAC); (2016) 37 ILJ 646 (LAC) (17 November 2015)

Court

Labour Appeal Court

Case number

JA60/2014

Judges

Tlaletsi, Ndlovu, CJ Musi

The Labour Appeal Court held that a deferred equity payment was a recruitment incentive, not a retention bonus, and it survived termination of employment.

• Contractual Interpretation
• Recruitment Incentives
• Retention Bonuses
• Accrued Rights
• Termination Of Employment
• Contractual-interpretation

Cellular Insurance Managers (Pty) Ltd v Foschini Retail Group (Pty) Ltd (456/2010)

Cellular Insurance Managers (Pty) Ltd v Foschini Retail Group (Pty) Ltd (456/2010) [2011] ZASCA 85 (27 May 2011)

Court

Supreme Court of Appeal

Case number

456/2010

Judges

Nugent, Malan, Tshiqi, Seriti, Petse

The court held that Foschini’s right to administration fees had already accrued before termination of the oral agreement, so termination did not end payment.

• Implied Terms
• Accrued Rights
• Termination Of Contract
• Oral Agreement
• Contra Prestation
• Accrued-rights

Loghdey v Advanced Parking Solutions CC and Others (20766/2008)

Loghdey v Advanced Parking Solutions CC and Others (20766/2008) [2009] ZAWCHC 15; 2009 (5) SA 595 (C) (25 February 2009)

Court

Western Cape High Court, Cape Town

Case number

20766/2008

Judge

Le Grange

The court found that the award of the tender and the subsequent signing of the contract between the applicant and the City conferred legal rights on the applicant. These rights were not made conditional or subject to any appeal in the notification or contract. Section 62(3) of the Municipal Systems Act prohibits the appeal authority from varying or revoking decisions that have conferred accrued rights. The City did not comply with its own Supply Chain Management Policy regarding notification of appeal rights, but this did not affect the validity of the contract unless set aside by a court. Th…

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• Municipal Tender Award
• Accrued Rights
• Internal Appeal
• Section 62 Municipal Systems Act
• Urgency Requirements
• Contract Enforceability