South Africa Case Law

Turners Shipping (Pty) Ltd v Commissioner for the South African Revenue Service (Leave to Appeal) (2022/059481)

Turners Shipping (Pty) Ltd v Commissioner for the South African Revenue Service (Leave to Appeal) (2022/059481) [2025] ZAGPPHC 677 (3 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

2022/059481

Judge

Bam

The High Court granted Turners Shipping leave to appeal to the Full Court, finding another court may reach a different conclusion on the statutory liability issues.

• Leave To Appeal
• Superior Courts Act
• Liability For Duties
• Definition Of Exporter
• Agency Liability
• Leave-to-appeal

Lonerock Spartan Group JV v Minister of National Department of Public Works and Infrastructure and Others (2023/067555)

Lonerock Spartan Group JV v Minister of National Department of Public Works and Infrastructure and Others (2023/067555) [2025] ZAGPPHC 508 (16 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023/067555

Judge

HF Oosthuizen

The court ordered payment of certified construction claim amounts and interest, finding substantial compliance with notice requirements and allowing Covid-19 officer costs.

• Construction Contracts
• Extension Of Time Claims
• Agency Liability
• Interest On Overdue Payments
• Covid19 Regulations Compliance
• Construction-contracts

Gcora v Ascon Engineering CC and Another (3374/2024)

Gcora v Ascon Engineering CC and Another (3374/2024) [2025] ZAECQBHC 18 (13 May 2025)

Court

Eastern Cape High Court, Gqeberha

Case number

3374/2024

Judge

J W Eksteen

The application for summary judgment was dismissed because the plaintiff's supporting affidavit failed to comply with Rule 32(2)(b) by not verifying the cause of action or the facts on which the claim was based, nor did it adequately address the bona fides of the defences raised by the defendants. The defendants raised genuine disputes of fact regarding the terms of the alleged agreement for fees and the personal liability of the second defendant, which could only be resolved at trial. The court found that both defendants were entitled to leave to defend, and that the plaintiff, having known…

Source excerpt

• Summary Judgment
• Contractual Dispute
• Professional Services Fee
• Suretyship Requirement
• Agency Liability

Jacobs and Others v Companie Francais D'Assurance Pour Le Commerce Ex Terieur and Another (042730/2022)

Jacobs and Others v Companie Francais D'Assurance Pour Le Commerce Ex Terieur and Another (042730/2022) [2023] ZAGPPHC 2019 (11 December 2023)

Court

North Gauteng High Court, Pretoria

Case number

042730/2022

Judge

R G Tolmay

The High Court upheld exceptions to particulars of claim, finding the pleading vague and embarrassing and lacking averments for a cause of action.

• Vague And Embarrassing Pleading
• Exception Procedure
• Cause Of Action Requirements
• Misrepresentation
• Agency Liability
• Vague-and-embarrassing-pleading

Tusk Construction Support Services (Pty) Ltd and Another v Mayibongwe N.O and Others (27188/2012)

Tusk Construction Support Services (Pty) Ltd and Another v Mayibongwe N.O and Others (27188/2012) [2023] ZAGPPHC 1893 (6 October 2023)

Court

North Gauteng High Court, Pretoria

Case number

27188/2012

Judge

N Davis

The court dismissed claims by lenders seeking school contract payments from the IDT, holding that the JBCC contracts barred cession without consent.

• Cession Of Rights
• Building Contracts
• Agency Liability
• Contractual Consent
• Damages Claim
• Cession-of-rights

Harvey N.O. v Theron and Another (8539/2021)

Harvey N.O. v Theron and Another (8539/2021) [2023] ZAWCHC 157 (29 June 2023)

Court

Western Cape High Court, Cape Town

Case number

8539/2021

Judge

Mantame

The High Court granted provisional sequestration after finding the respondent’s tender to pay was not actual performance and his liabilities exceeded his assets.

• Provisional Sequestration
• Acts Of Insolvency
• Undue Preference
• Agency Liability
• Administration Of Deceased Estates
• Provisional-sequestration

Padayachee v Van Den Heever N.O. and Others

Padayachee v Van Den Heever N.O. and Others [2023] ZAGPJHC 174 (13 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

33857/2020

Judge

ML Senyatsi

The High Court dismissed an application to compel transfer and registration of a motor vehicle bought from a liquidated seller, finding no lack of alternative remedy.

• Final Interdict
• Agency Liability
• Hire Purchase Agreement
• Liquidation Effects
• Mandatory-interdict
• Motor-vehicle-sale

Boutina (Pty) Ltd v MEC for the Provincial Department of Human Settlements (Mpumalanga) and Another (4028/2021)

Boutina (Pty) Ltd v MEC for the Provincial Department of Human Settlements (Mpumalanga) and Another (4028/2021) [2022] ZAMPMBHC 76 (13 October 2022)

Court

Mbombela High Court, Mpumalanga

Case number

4028/2021

Judge

Roelofse AJ

The court held that payment to the appointed conveyancer did not discharge the department’s obligation, where the funds were misappropriated before reaching Boutina.

• Specific Performance
• Mandate
• Agency Liability
• Misappropriation Of Funds
• Conveyancing
• Contractual Obligations

South African Breweries (Pty) Ltd v Ocean Linght Shipping CC (225 /2020)

South African Breweries (Pty) Ltd v Ocean Linght Shipping CC (225 /2020) [2021] ZAGPJHC 360 (1 June 2021)

Court

South Gauteng High Court, Johannesburg

Case number

225 /2020

Judge

M A Makume

The court held that the Plaintiff is obliged under Rule 35(12) and (14) to permit inspection and copying of original documents referred to in its pleadings, including computer-generated records. The Plaintiff's provision of copies does not satisfy the requirement of production for inspection. Excuses based on SARS possession and lockdown restrictions are not valid defences; arrangements for inspection must be made once circumstances allow. The Plaintiff must also indicate the whereabouts of documents not in its possession. The Defendant is entitled to an interim interdict restraining the Plai…

Source excerpt

• Discovery And Inspection
• Rule 35 Compliance
• Interim Interdict
• Agency Liability
• Customs And Vat Disputes

Rehau Polymer (Pty) Ltd v Brunettes Electrical (Pty) Ltd and Others (641/2018)

Rehau Polymer (Pty) Ltd v Brunettes Electrical (Pty) Ltd and Others (641/2018) [2019] ZASCA 101 (25 July 2019)

Court

Supreme Court of Appeal

Case number

641/2018

Judges

Ponnan, Swain, Mocumie, Makgoka, Eksteen

The SCA dismissed Rehau’s appeal over fire-loss damages, holding CDC’s warranties covered the premises’ completion and compliance, not the later activation of the fire suppression system.

• Breach Of Contract
• Contractual Warranties
• Statutory Compliance
• Fire Safety Regulation
• Agency Liability
• Breach-of-contract