South Africa Case Law

Government Employees Pension Fund v Phemelo Ontla (Pty) Ltd t/a #Braai and Pizza - Rustenburg and Others (1752/2023)

Government Employees Pension Fund v Phemelo Ontla (Pty) Ltd t/a #Braai and Pizza - Rustenburg and Others (1752/2023) [2025] ZANWHC 134 (5 August 2025)

Court

North West High Court, Mafikeng

Case number

1752/2023

Judge

J.T. Maodi

High Court summary judgment in favor of the Government Employees Pension Fund for arrear lease charges, despite a reliance on an arbitration clause.

• Summary Judgment
• Lease Agreement
• Suretyship
• Liquidated Claim
• Arbitration Clause
• Summary-judgment

NTGR Engineering Projects CC v Bakubung Minerals (Pty) Ltd (1890/2021)

NTGR Engineering Projects CC v Bakubung Minerals (Pty) Ltd (1890/2021) [2025] ZANWHC 126 (25 July 2025)

Court

North West High Court, Mafikeng

Case number

1890/2021

Judge

T C Mokhare

The court dismissed special pleas based on arbitration and jurisdiction, holding the clause did not oust jurisdiction and the defendant had waived reliance on it.

• Arbitration Clause
• Stay Of Proceedings
• Contractual Waiver
• Jurisdiction
• Costs Order
• Arbitration-clause

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

Umzwilili Environmental Solution v Rockwood Fund 1 GP (Pty) Ltd (2025/101302)

Umzwilili Environmental Solution v Rockwood Fund 1 GP (Pty) Ltd (2025/101302) [2025] ZAGPJHC 704 (21 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/101302

Judge

Z Khan

The Court found that the Applicant failed to establish fraud on the part of the First Respondent in its demand under the guarantees. The evidence did not support a finding of fraudulent intent, as the First Respondent acted transparently and responded to requests for clarification from the banks. The computation of the amount claimed was based on the First Respondent's interpretation of the guarantee wording, and any dispute regarding the correct methodology is subject to arbitration, not judicial intervention at this stage. The Applicant's concerns about overpayment and irrecoverability were…

Source excerpt

• Demand Guarantees
• Interim Interdict
• Fraud Exception
• Contractual Dispute
• Arbitration Clause

Valhalla Fishing Enterprises (Pty) Ltd v Bluefin Holdings (Pty) Ltd and Another (2025/069955)

Valhalla Fishing Enterprises (Pty) Ltd v Bluefin Holdings (Pty) Ltd and Another (2025/069955) [2025] ZAWCHC 295 (16 July 2025)

Court

Western Cape High Court, Cape Town

Case number

2025/069955

Judge

S C O'Brien

Urgent application struck from the roll for lack of urgency and failure to comply with arbitration clauses; the respondent’s affidavit remained valid despite a commissioning defect.

• Shareholders Agreement
• Urgent Application
• Arbitration Clause
• Substantial Compliance
• Commissioning Of Affidavits
• Urgent-application

Adendorff N.O v Savrez Trading (Pty) Ltd and Another (Reasons) (2025/080510)

Adendorff N.O v Savrez Trading (Pty) Ltd and Another (Reasons) (2025/080510) [2025] ZAWCHC 286 (9 July 2025)

Court

Western Cape High Court, Cape Town

Case number

2025/080510

Judge

P. S. Van Zyl

The court found the respondents' postponement application to be lacking in bona fides, unsupported by adequate explanation, and indicative of a tactical delay. The applicant had tendered sufficient substituted security for the alleged builder's lien, which exceeded the amount claimed and was held in attorneys' trust. The respondents failed to commence arbitration or provide any substantive defence. The applicant, as owner, was entitled to possession and access to the property, especially given the risks and responsibilities following transfer. The court exercised its discretion to grant urgen…

Source excerpt

• Builders Lien
• Substituted Security
• Urgent Interdict
• Arbitration Clause
• Rei Vindicatio

Seven and Twelve on Houghton (Pty) Ltd v Trustees for time being Ms Property Trust (2024/077412)

Seven and Twelve on Houghton (Pty) Ltd v Trustees for time being Ms Property Trust (2024/077412) [2025] ZAGPJHC 531 (28 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/077412

Judge

Wijnbeek

The High Court held the respondent had no right to occupy the Houghton units, found the loan had been settled, and dismissed the conditional counterclaim.

• Sectional Title Scheme
• Declaratory Relief
• Arbitration Clause
• Loan Settlement
• Occupational Rental
• Conditional Counterclaim

Aloe Homeowner's Association, Albertinia v Trustees for the time being of Liebenberg Trust and Another (17928/2022)

Aloe Homeowner's Association, Albertinia v Trustees for the time being of Liebenberg Trust and Another (17928/2022) [2025] ZAWCHC 206 (16 May 2025)

Court

Western Cape High Court, Cape Town

Case number

17928/2022

Judge

Mthimunye

The High Court dismissed both a homeowners association's transfer application and the trust's counterapplication, finding disputes of fact over the validity of the 2021 constitution.

• Transfer Of Ownership
• Homeowners Association Constitution
• Declaratory Relief
• Joinder
• Arbitration Clause
• Administrative Action Review

Public Servants Association of South Africa obo Members v South African Revenue Services (JS362/2022)

Public Servants Association of South Africa obo Members v South African Revenue Services (JS362/2022) [2025] ZALCJHB 146 (2 April 2025)

Court

Labour Court Johannesburg

Case number

JS362/2022

Judge

G.C. Phakedi

The Labour Court dismissed special pleas of res judicata, lis alibi pendens, issue estoppel and arbitration in a leave-encashment contract dispute.

• Collective Agreement
• Contractual Claim
• Res Judicata
• Lis Alibi Pendens
• Issue Estoppel
• Arbitration Clause

Morebudi and Others v Barker and Others (A233/2022)

Morebudi and Others v Barker and Others (A233/2022) [2025] ZAGPPHC 348 (17 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

A233/2022

Judges

Basson, Mahosi, Ntuli

The court held that parties cannot contract out of the statutory provisions of section 81(1)(d) of the Companies Act. Any clause in a shareholders' agreement or joint venture agreement that purports to oust the court's jurisdiction to order winding-up is invalid to the extent of its inconsistency with the Act. The arbitration clause does not preclude the court from adjudicating the winding-up application, especially where the dispute is legal rather than factual and the prescribed dispute resolution process is ineffective. The deadlock between directors and shareholders is complete and irreco…

Source excerpt

• Winding Up Of Company
• Deadlock Between Shareholders
• Contractual Ouster Of Jurisdiction
• Arbitration Clause
• Just And Equitable Ground
• Companies Act Section 81