South Africa Case Law

Naledi Coal and Logistics Proprietary Limited v Li Coal Clean Coal Gaification Proprietary Limited (Application for Leave to Appeal) (2024/07529)

Naledi Coal and Logistics Proprietary Limited v Li Coal Clean Coal Gaification Proprietary Limited (Application for Leave to Appeal) (2024/07529) [2025] ZAGPJHC 723 (23 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/07529

Judge

Pearse AJ

The High Court dismissed an application for leave to appeal against an order requiring reimbursement of coal transport costs, finding no reasonable prospect of success.

• Leave To Appeal Test
• Breach Of Contract
• Agency And Mandate
• Arbitration Clause
• Motion Proceedings
• Plascon Evans Rule

Maroi Boerdery CC v Rabie and Others (A560/2013)

Maroi Boerdery CC v Rabie and Others (A560/2013) [2016] ZAGPPHC 861 (19 September 2016)

Court

North Gauteng High Court, Pretoria

Case number

A560/2013

Judges

N V Khumalo, V V Thlhaphi, G Bofilatos

The appeal succeeded on the basis that the Plaintiff failed to prove that Barry and Van Blerk acted as agents of Delra or that Delra conferred any ostensible authority for them to sell the aircraft on its behalf. The evidence showed that the Plaintiff believed CDC was the seller, and there was no conduct or representation by Delra or its directors that could reasonably induce such belief. The Plaintiff did not discharge the onus to prove ostensible authority. The claims against Delra and the 3rd Defendant were not necessarily mutually exclusive, but the Plaintiff failed to establish the neces…

Source excerpt

• Agency And Mandate
• Ostensible Authority
• Negligent Misrepresentation
• Mutual Exclusivity Of Claims
• Duty Of Care
• Remoteness Of Damage

Maye Serobe (Pty) Ltd v LEWUSA obo Members and Others (J2377/12)

Maye Serobe (Pty) Ltd v LEWUSA obo Members and Others (J2377/12) [2015] ZALCJHB 116 (9 April 2015)

Court

Labour Court Johannesburg

Case number

J2377/12

Judge

Ralefatane

The Labour Court dismissed a review of a CCMA settlement, holding that the applicant’s representative was authorised and no duress or improper influence was proved.

• Agency And Mandate
• Settlement Agreement
• Conciliation Proceedings
• Ostensible Authority
• Duress And Undue Influence
• Labour-law

Puckrin and Another v HACJ Accounting Software Services (Pty) Ltd and Another (40439/2012)

Puckrin and Another v HACJ Accounting Software Services (Pty) Ltd and Another (40439/2012) [2012] ZAGPPHC 292 (16 November 2012)

Court

North Gauteng High Court, Pretoria

Case number

40439/2012

Judge

Nkosi

The court granted summary judgment for unpaid professional fees, finding the second defendant failed to show a bona fide defence and could not evade liability.

• Summary Judgment
• Professional Fees
• Agency And Mandate
• Joint And Several Liability
• Summary-judgment
• Professional-fees

S v Sellem (6/91)

S v Sellem (6/91) [1992] ZASCA 48; 1992 (2) SA 795 (AD); (30 March 1992)

Court

Supreme Court of Appeal

Case number

6/91

Judges

Corbett, Smalberger, Kumleben, F H Grosskopf, Van Coller

The Appellate Division held that an isolated diamond transaction can amount to “purchase” under the Diamonds Act, and reinstated the conviction with a reduced sentence.

• Illicit Diamond Dealing
• Statutory Interpretation
• Agency And Mandate
• Entrapment
• Sentence Mitigation
• Statutory-interpretation