South Africa Case Law

Brain Gear Investments (Pty) Ltd and Others v Buhle Waste (Pty) Ltd and Another (102/2023; 103/2023; 108/2023; 110/2023)

Brain Gear Investments (Pty) Ltd and Others v Buhle Waste (Pty) Ltd and Another (102/2023; 103/2023; 108/2023; 110/2023) [2024] ZASCA 168 (5 December 2024)

Court

Supreme Court of Appeal

Case number

102/2023;103/2023;108/2023;110/2023

Judges

Mocumie, Schippers, Weiner, Molefe, Coppin

The SCA upheld a review of Mbombela’s 2018 approval of Silulumanzi’s change of control because the municipality failed to oversee and consult as required.

• Promotion Of Administrative Justice Act
• Municipal Oversight
• Broad Based Black Economic Empowerment
• Water Services Concession
• Review Of Administrative Action
• Unreasonable Decision

Dimension Data Facilities (Pty) Ltd and Others v Identity Property CO (Pty) Ltd and Others (2022/040174)

Dimension Data Facilities (Pty) Ltd and Others v Identity Property CO (Pty) Ltd and Others (2022/040174) [2024] ZAGPJHC 1209; 2025 (2) SA 459 (GJ) (25 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/040174

Judge

Fisher

The High Court set aside a Dimension Data campus sale after finding undisclosed director conflicts and a scheme that secretly benefited six executives.

• Conflict Of Interest
• Companies Act Section 75
• Beneficial Ownership
• Broad Based Black Economic Empowerment
• Fiduciary Duties
• Transaction Voidness

H & I Civil & Building (Pty) Ltd and Another v City of Cape Town and Others (59/24)

H & I Civil & Building (Pty) Ltd and Another v City of Cape Town and Others (59/24) [2024] ZAWCHC 329 (18 October 2024)

Court

Western Cape High Court, Cape Town

Case number

59/24

Judges

Magardie, Fortuin, Erasmus

The court held that the City of Cape Town was lawfully empowered to determine and implement its own preferential procurement policy and scoring system for tenders, provided it acted within the constitutional and legislative framework. The process followed by the City in developing the new scoring system was rational, involved internal consultation and legal advice, and was necessitated by changes in the regulatory environment following the Afribusiness judgment and the 2022 Procurement Regulations. The applicants' arguments regarding procedural unfairness, legitimate expectation, and alleged…

Source excerpt

• Preferential Procurement
• Broad Based Black Economic Empowerment
• Municipal Supply Chain Management
• Promotion Of Administrative Justice Act
• Constitutional Review
• Public Tender Scoring

Dlamini v Imbokodv Lemabalabala Holdings Limited (2022/051081)

Dlamini v Imbokodv Lemabalabala Holdings Limited (2022/051081) [2024] ZAGPJHC 647 (16 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/051081

Judge

Adams

The court found that the applicants failed to establish any factual or legal basis for the relief sought. The arbitral award, which was not challenged on review or appeal, established that ILH is and was the sole shareholder of ILF, and Mr Dlamini was never a shareholder. His removal as director was lawful and properly effected by the shareholder, ILH, in accordance with the Companies Act and shareholders' agreements. The applicants' claims regarding entitlement to dividends, board reconstruction, and procedural irregularities were unsupported by the evidence and contradicted by the establish…

Source excerpt

• Shareholder Rights
• Director Removal
• Companies Act 2008
• Broad Based Black Economic Empowerment
• Arbitration Award Enforcement
• Declaratory Relief

Redpath Mining (South Africa) (Pty) Ltd v Siyakhula Sonke Empowerment Corporation (Pty) Ltd (51107/2021)

Redpath Mining (South Africa) (Pty) Ltd v Siyakhula Sonke Empowerment Corporation (Pty) Ltd (51107/2021) [2024] ZAGPJHC 288 (8 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

51107/2021

Judge

Senyatsi

The High Court ordered security for costs, finding the underlying action vexatious and frivolous and staying the proceedings until security is furnished.

• Security For Costs
• Vexatious Litigation
• Abuse Of Process
• Shareholders Agreement
• Broad Based Black Economic Empowerment
• Promotion Of Equality And Prevention Of Unfair Discrimination Act

Capitec Life Limited v Funeral Insurance Business Underwritten in the Cell Structure of Centriq Life Insurance Company Limited (LM152Dec23)

Capitec Life Limited v Funeral Insurance Business Underwritten in the Cell Structure of Centriq Life Insurance Company Limited (LM152Dec23) [2024] ZACT 35 (15 April 2024)

Court

Competition Tribunal

Case number

LM152Dec23

Judges

A Kessery, F Tregenna, L Mncube

The Tribunal conditionally approved Capitec Life’s merger to take sole control of the funeral insurance business, finding no substantial competition harm and no significant public interest concerns.

• Large Merger Review
• Public Interest Assessment
• Cell Captive Insurance
• Broad Based Black Economic Empowerment
• Ownership Dilution
• Large-merger-review

Standard Bank of South Africa Limited v Mogapi and Others (23784/2021)

Standard Bank of South Africa Limited v Mogapi and Others (23784/2021) [2024] ZAGPJHC 133 (15 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

23784/2021

Judge

B C Wanless

The court found that the respondents failed to establish any breach of legal duty by the applicant or any factual basis for the alleged assurances that the guarantees would not be enforced. The documentary evidence consistently supported the applicant's version that the guarantees were operative and enforceable. The court held that public policy, as interpreted by the Constitutional Court, does not permit refusal to enforce contractual terms unless their enforcement is so unfair, unreasonable, or unjust as to be contrary to public policy, which was not shown in this case. The respondents did…

Source excerpt

• Guarantee Enforcement
• Public Policy Defence
• Ubuntu In Contract
• Broad Based Black Economic Empowerment
• Release Of Guarantor
• Prejudice Defence

H & I Civil & Building (Pty) Ltd and Another v City of Cape Town and Others (59/2024)

H & I Civil & Building (Pty) Ltd and Another v City of Cape Town and Others (59/2024) [2024] ZAWCHC 15 (30 January 2024)

Court

Western Cape High Court, Cape Town

Case number

59/2024

Judge

J Cloete

The court found that the applicants had established the requisite urgency, having acted expeditiously after exhausting internal remedies as instructed by the City. The applicants’ challenge to the new scoring system was not fatally flawed for failing to attack the underlying policy or the tenders themselves, as the substance of their complaint was directed at the lawfulness of the scoring system’s implementation. The applicants demonstrated a prima facie right to participate in a constitutionally compliant procurement process, and the legal questions raised were sufficiently complex to warran…

Source excerpt

• Preferential Procurement
• Broad Based Black Economic Empowerment
• Municipal Supply Chain Management
• Interim Interdict
• Constitutional Compliance
• Legitimate Expectation

South African Marine Fuels v South African Maritime Safety Authority (16198/2021)

South African Marine Fuels v South African Maritime Safety Authority (16198/2021) [2024] ZAGPPHC 83 (29 January 2024)

Court

North Gauteng High Court, Pretoria

Case number

16198/2021

Judge

R G Tolmay

The High Court held that SAMSA may impose only marine-environment conditions under section 21(2) and that a general compliance recordal was not a stand-alone condition.

• Marine Pollution Control
• Administrative Action Review
• Broad Based Black Economic Empowerment
• Jurisdiction Of Statutory Bodies
• Declaratory Relief
• Licensing Conditions

Super Group Holdings Proprietary Limited v Right Side Up Proprietary Limited (LM062Aug23)

Super Group Holdings Proprietary Limited v Right Side Up Proprietary Limited (LM062Aug23) [2023] ZACT 77 (28 November 2023)

Court

Competition Tribunal

Case number

LM062Aug23

Judges

L Mncube, T Vilakazi, G Budlender

The Competition Tribunal unconditionally approved Super Group Holdings’ acquisition of 60% of Right Side Up, finding no substantial competition or public interest concerns.

• Large Merger
• Horizontal Overlap
• Market Share Analysis
• Public Interest
• Broad Based Black Economic Empowerment
• Merger-control