South Africa Case Law

Drive Control Corporation (Pty) Ltd v National Health Laboratory Service (A2023/049792)

Drive Control Corporation (Pty) Ltd v National Health Laboratory Service (A2023/049792) [2024] ZAGPJHC 339 (10 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A2023/049792

Judges

S D J Wilson, Adams, Wanless

The court held that the contract between Blue Future and NHLS contained a prohibition on cession that was fused into the right to payment at the time the contract was created. Since NHLS's prior written consent to cession was never obtained, Blue Future had no right to cede its entitlement to payment to Drive Control. The purported cession was therefore void from the outset, and Mr. Motsepe's subsequent acknowledgement of the cession could not create a valid obligation or supersede the original contract. The court found that Drive Control failed to lead evidence that NHLS had waived the prohi…

Source excerpt

• Contractual Cessions
• Prohibition On Cession
• Authority Of Agents
• Absolution From The Instance

Rabothatha and Others v Sun International Limited and Another (52365/2020)

Rabothatha and Others v Sun International Limited and Another (52365/2020) [2023] ZAGPPHC 1969 (23 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

52365/2020

Judge

Millar

The High Court dismissed employees’ claims over revoked performance-based pay increases, holding the increases fell outside the collective agreement and were unenforceable.

• Collective Agreement
• Remuneration Dispute
• Iustus Error
• Authority Of Agents
• Public Policy
• Collective-agreements

White Oak Trade & Specialty Finance Cayman LLC v Santam Structured Insurance Limited and Others (13311/2020)

White Oak Trade & Specialty Finance Cayman LLC v Santam Structured Insurance Limited and Others (13311/2020) [2023] ZAGPJHC 148 (22 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

13311/2020

Judge

L R Adams

The court held that the insurance documents sought by the plaintiff are relevant to the pleaded issues, particularly regarding the authority of the third defendant and the relationships between the defendants. The defendants failed to establish that these documents are privileged, as they were not created in contemplation of litigation nor for submission to legal advisers. The FAIS compliance documents are also relevant, given the statutory duties pleaded, and the requests were not overly broad. Attorney instruction letters predating any mandate or litigation are not privileged and must be di…

Source excerpt

• Discovery Of Documents
• Legal Professional Privilege
• Insurance Contracts
• Fais Act Compliance
• Authority Of Agents
• Estoppel

Massbuild (Pty) Ltd v Sehloho and Others (35644/2018)

Massbuild (Pty) Ltd v Sehloho and Others (35644/2018) [2021] ZAGPJHC 473 (29 September 2021)

Court

South Gauteng High Court, Johannesburg

Case number

35644/2018

Judge

Malungana

The High Court refused absolution from the instance, finding enough evidence for Massbuild’s contract and delict claims to proceed against the second and third defendants.

• Absolution From Instance
• Breach Of Employment Contract
• Authority Of Agents
• One Time Vendor Process
• Delictual Liability
• Damages Quantification

Naidoo and Another v City of Johannesburg Metropolitan Municipality (J639/20)

Naidoo and Another v City of Johannesburg Metropolitan Municipality (J639/20) [2020] ZALCJHB 264 (27 July 2020)

Court

Labour Court Johannesburg

Case number

J639/20

Judge

G N Moshoana

The Labour Court dismissed an urgent application by two municipal appointees who sought specific performance based on an alleged fixed-term extension to 30 June 2021.

• Fixed Term Contracts
• Specific Performance
• Contractual Formation
• Authority Of Agents
• Fixed-term-contracts
• Specific-performance

Engen Petroleum Limited v AAC Agri Foods CC and Another (4057/2013)

Engen Petroleum Limited v AAC Agri Foods CC and Another (4057/2013) [2017] ZAFSHC 194 (31 August 2017)

Court

Free State High Court, Bloemfontein

Case number

4057/2013

Judge

Reinders

The court dismissed Engen Petroleum’s claim after finding that it failed to prove authority for the sale and cession agreements.

• Authority Of Agents
• Cession Of Claims
• Suretyship Requirements
• Ratification
• Ostensible Authority
• Authority-of-agents

Maby Clothing (Pty) Ltd v Department of Health, Free State Provincial Government (5260/2009)

Maby Clothing (Pty) Ltd v Department of Health, Free State Provincial Government (5260/2009) [2016] ZAFSHC 94 (8 April 2016)

Court

Free State High Court, Bloemfontein

Case number

5260/2009

Judge

Motloung, AJ

The High Court dismissed a claim for damages arising from alleged repudiation of a uniforms supply arrangement, finding no proved repudiation or authority.

• Repudiation Of Contract
• Authority Of Agents
• Estoppel
• Tender Awards
• Oral Agreements
• Repudiation-of-contract

Comwezi Security Services (Pty) Limited v ABSA Bank Limited and Others (8817/2008)

Comwezi Security Services (Pty) Limited v ABSA Bank Limited and Others (8817/2008) [2008] ZAWCHC 85 (20 November 2008)

Court

Western Cape High Court, Cape Town

Case number

8817/2008

Judge

Ngewu

Leave to appeal was refused because the proposed amendment was procedurally defective, introduced a new cause of action, and there were no prospects of success.

• Leave To Appeal
• Interdict
• Amendment Of Notice Of Motion
• Authority Of Agents
• Closed Tender Process
• Leave-to-appeal

Torre NO en Andere v Land en Landbou Ontwikkelingsbank van Suid Afrika (14656/2003)

Torre NO en Andere v Land en Landbou Ontwikkelingsbank van Suid Afrika (14656/2003) [2005] ZAGPHC 334 (31 October 2005)

Court

High Courts - Gauteng

Case number

14656/2003

Judge

W J van der Merwe

The High Court found that Landbank bound itself to indemnify liquidators for trading losses in the continued operation of Henwill Chickens after liquidation.

• Contractual Indemnity
• Authority Of Agents
• Liquidation Procedure
• Quantum Of Damages
• Interest On Judgment Debt
• Contractual-indemnity

Dirksen v Cairo Funeral Undertakings CC (3799/2001)

Dirksen v Cairo Funeral Undertakings CC (3799/2001) [2005] ZAFSHC 91 (11 August 2005)

Court

Free State High Court, Bloemfontein

Case number

3799/2001

Judge

Kruger R

The court held that document P5 was not an acknowledgment of debt and did not create a repayable obligation, except for an admitted loan of R11,687.

• Acknowledgement Of Debt
• Company Membership
• Authority Of Agents
• Interpretation Of Documents
• Acknowledgment-of-debt
• Interpretation-of-documents