South Africa Case Law

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

Kwende Construction CC v Ditsobotla Local Municipality (604/2024)

Kwende Construction CC v Ditsobotla Local Municipality (604/2024) [2025] ZANWHC 119 (15 July 2025)

Court

North West High Court, Mafikeng

Case number

604/2024

Judge

Oosthuizen-Senekal

The court upheld Kwende Construction CC’s counter-application, ordering Ditsobotla Local Municipality to pay the outstanding certified debt plus interest and punitive costs.

• Emergency Procurement
• Municipal Finance Management Act
• Acknowledgment Of Debt
• Certificate Of Completion
• Attorney And Client Costs
• Interdictory Relief

Mosepelo Trading CC v City of Tshwane Metropolitan Municipality (012524/2024)

Mosepelo Trading CC v City of Tshwane Metropolitan Municipality (012524/2024) [2025] ZAGPPHC 519 (23 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

012524/2024

Judge

Retief

The High Court dismissed a partial summary judgment application, finding that the alleged acknowledgment of debt was unclear and the defendant had a bona fide defence.

• Summary Judgment
• Acknowledgment Of Debt
• Service Level Agreement
• Prescription
• Set Off
• Summary-judgment

Du Plessis v A to Z Boerdery CC and Others (A2023/116427)

Du Plessis v A to Z Boerdery CC and Others (A2023/116427) [2025] ZAGPJHC 362 (4 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A2023/116427

Judges

Du Plessis, Meaden

The High Court upheld an appeal in a spoliation matter, holding the Regional Court lacked jurisdiction because the vehicles’ value exceeded its monetary limit.

• Mandament Van Spolie
• Jurisdiction Of Magistrates Courts
• Acknowledgment Of Debt
• Costs Award
• Mandament-van-spolie
• Magistrates-court-jurisdiction

Idwala Industrial Holdings Proprietary Limited v JB Lime Distributions Proprietary (3369/2024)

Idwala Industrial Holdings Proprietary Limited v JB Lime Distributions Proprietary (3369/2024) [2025] ZAFSHC 76 (11 March 2025)

Court

Free State High Court, Bloemfontein

Case number

3369/2024

Judge

De Kock AJ

The High Court refused summary judgment after finding the defendant had raised bona fide defences about product quality, reciprocal obligations, and alleged stock shortages.

• Summary Judgment
• Consignment Agreement
• Acknowledgment Of Debt
• Reciprocal Obligations
• Liquidated Claim
• Tacit Terms

Momentum Metropolitan Life Limited v Lakhoo (AR188/2023; 30823/2019)

Momentum Metropolitan Life Limited v Lakhoo (AR188/2023; 30823/2019) [2025] ZAKZPHC 12 (7 February 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR188/2023

Judges

G M Harrison, Keshav

The High Court upheld an appeal, holding that the National Credit Act did not apply to an acknowledgment of debt arising from commission clawbacks.

• Acknowledgment Of Debt
• National Credit Act
• Absolution From Instance
• Commission Clawback
• Condonation Application
• Acknowledgment-of-debt

Maluti-A-Phofung Local Municipality v Kill Crime Security Service (Pty) Ltd and Others (Amended Order) (2237/2023)

Maluti-A-Phofung Local Municipality v Kill Crime Security Service (Pty) Ltd and Others (Amended Order) (2237/2023) [2025] ZAFSHC 27 (6 February 2025)

Court

Free State High Court, Bloemfontein

Case number

2237/2023

Judge

Mhlambi

The court found that the amount stated in the original order was a typographical error and that the correct amount was R27 000 000.00. The court exercised its power under Rule 42(1)(b) to vary the order accordingly. Furthermore, the service level agreements and acknowledgment of debt between the applicant and first respondent were declared constitutionally invalid, as they did not comply with constitutional requirements. The applicant was granted leave to oppose the relief sought by the first respondent within five days. The first respondent was ordered to pay the costs of the application, in…

Source excerpt

• Rescission Of Judgment
• Variation Of Order
• Service Level Agreement
• Acknowledgment Of Debt
• Constitutional Invalidity
• Costs Award

Maluti-A-Phofung Local Municipality v Kill Crime Security Service (Pty) Ltd and Others (2237/2023)

Maluti-A-Phofung Local Municipality v Kill Crime Security Service (Pty) Ltd and Others (2237/2023) [2025] ZAFSHC 24 (30 January 2025)

Court

Free State High Court, Bloemfontein

Case number

2237/2023

Judge

Mhlambi

The court found that the service level agreements and acknowledgment of debt were concluded in violation of section 217 of the Constitution and relevant procurement legislation, as they were not subjected to a competitive bidding process. The municipal manager was unauthorized and conflicted in concluding the acknowledgment of debt. The agreements are constitutionally invalid. The default judgment was granted in the applicant's absence due to deliberate failure to defend, orchestrated by conflicted officials. The application before the court is a legality review, not a PAJA review. In terms o…

Source excerpt

• Constitutionality Of Procurement
• Legality Review
• Municipal Supply Chain Management
• Default Judgment Rescission
• Acknowledgment Of Debt
• Accrued Rights Preservation

Bee J Electrical CC v Latitude Property Developments (Pty) Ltd (2290/2024)

Bee J Electrical CC v Latitude Property Developments (Pty) Ltd (2290/2024) [2024] ZAECQBHC 80 (10 December 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

2290/2024

Judge

T Rossi

The High Court dismissed a provisional sentence claim on an acknowledgment of debt, finding the payment terms vague and the document not liquid.

• Provisional Sentence
• Liquid Document
• Acknowledgment Of Debt
• Contractual Interpretation
• Jurisdiction
• National Credit Act

Engen Petroleum (Pty) Ltd v Sash Productions (Pty) Ltd t/a Sash Logistics (5244/2024)

Engen Petroleum (Pty) Ltd v Sash Productions (Pty) Ltd t/a Sash Logistics (5244/2024) [2024] ZAMPMHC 57 (18 October 2024)

Court

Middelburg High Court, Mpumalanga

Case number

5244/2024

Judge

Malangeni

Urgent application to perfect notarial bond security was struck off for lack of urgency. The court found no proven risk of asset dissipation and no need for costs.

• Urgent Application
• Notarial Bond Perfection
• Acknowledgment Of Debt
• Suretyship Liability
• Urgent-application
• Notarial-bond-perfection