South Africa Case Law

Barloworld Motor Retail South Africa, a Division of Barloworld South Africa (Pty) Ltd v Badger Holdings South Africa (Pty) Ltd (previously known as African Independent Brokers (Pty) Ltd) and Another (12223/2024)

Barloworld Motor Retail South Africa, a Division of Barloworld South Africa (Pty) Ltd v Badger Holdings South Africa (Pty) Ltd (previously known as African Independent Brokers (Pty) Ltd) and Another (12223/2024) [2025] ZAWCHC 313 (25 June 2025)

Court

Western Cape High Court, Cape Town

Case number

12223/2024

Judge

N. Mangcu-Lockwood

The High Court dismissed Barloworld’s exception to Dotsure’s special pleas and plea on the merits, holding the issues were interpretative and not properly decided on exception.

• Exception Procedure
• Pleading Requirements
• Contract Interpretation
• Agency
• Cession Of Rights
• Exception-procedure

Konate Logistics (Pty) Ltd v Minister of Police (16236/2021)

Konate Logistics (Pty) Ltd v Minister of Police (16236/2021) [2025] ZAGPPHC 629 (23 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

16236/2021

Judge

Ellis AJ

The High Court dismissed Konate Logistics’ claim for delivery or damages after finding it failed to prove ownership of the seized goods or locus standi.

• Rei Vindicatio
• Actio Ad Exhibendum
• Locus Standi
• Cession Of Rights
• Ownership Of Movables
• Abuse Of Process

Seartec Trading (Pty) Limited v Agni Steels SA (Pty) Limited (CA113/2024)

Seartec Trading (Pty) Limited v Agni Steels SA (Pty) Limited (CA113/2024) [2025] ZAECMKHC 26 (4 March 2025)

Court

Eastern Cape High Court, Makhanda

Case number

CA113/2024

Judges

J W Eksteen, B R Tokota

The High Court held that Seartec proved a re-cession of the rental agreement and had locus standi, so the special plea failed.

• Cession Of Rights
• Locus Standi
• Rental Agreement
• Repurchase Agreement
• Cession-of-rights
• Locus-standi

Stewarts & Lloyds Holdings (Pty) Ltd v Oxy Trading 295 (Pty) Ltd t/a DL Construction and Others (1204/2021)

Stewarts & Lloyds Holdings (Pty) Ltd v Oxy Trading 295 (Pty) Ltd t/a DL Construction and Others (1204/2021) [2025] ZANWHC 19 (3 February 2025)

Court

North West High Court, Mafikeng

Case number

1204/2021

Judge

T Djaje

The High Court upheld an exception to the defendants’ plea, struck it out, and ordered costs after finding the plea vague, contradictory, and non-defensive.

• Exception To Plea
• Credit Agreement
• Suretyship
• Cession Of Rights
• National Credit Act
• Costs Order

Taljaard and Another v Land and Agricultural Development Bank of South Africa and Others (1094/2022; 963/2021; 964/2021; N557/2021; 2436/2021;)

Taljaard and Another v Land and Agricultural Development Bank of South Africa and Others (1094/2022; 963/2021; 964/2021; N557/2021; 2436/2021;) [2025] ZANCHC 5 (24 January 2025)

Court

Northern Cape High Court, Kimberley

Case number

1094/2022

Judge

Williams

The court found that the applicants failed to prove their claims as creditors and thus did not establish locus standi. However, the liquidators did not specifically deny the applicants' creditor status, which could lead a court of appeal to a different conclusion. The argument that directorship confers standing was rejected, as such applications should be brought by the company itself, not by an individual director. Regarding the cession of rights, the court previously accepted the suite of agreements and confirmations as sufficient to establish a valid cession. However, conflicting judgments…

Source excerpt

• Locus Standi
• Cession Of Rights
• Liquidation Proceedings
• Sequestration Orders
• Conflicting Judgments

Shames N.O and Another v Ethekwini Municipality (7437/2016)

Shames N.O and Another v Ethekwini Municipality (7437/2016) [2024] ZAKZDHC 98 (6 December 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

7437/2016

Judge

Gwagwa

The court upheld the plaintiffs’ claim, finding the cession agreement valid and rejecting the municipality’s debtor-consent objection.

• Cession Of Rights
• Unjustified Enrichment
• Contract Validity
• Specific Performance
• Cession-of-rights
• Contract-validity

South African Securitisation Programme (RF) Ltd and Others v Adam Masebe Secondary School and Another (2022-025736)

South African Securitisation Programme (RF) Ltd and Others v Adam Masebe Secondary School and Another (2022-025736) [2024] ZAGPPHC 1256 (27 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

2022-025736

Judge

Nyathi

The court found that the plaintiffs had established their entitlement to summary judgment under Rule 32. The rental agreements were validly concluded, the equipment was delivered and accepted, and the school breached its payment obligations. The cessions of rights were properly effected, and the acceleration clauses entitled the plaintiffs to immediate payment of all amounts due. The defendants' procurement defence, based on section 217 of the Constitution and section 38 of the PFMA, was not properly pleaded and did not constitute a bona fide defence. The alleged non-compliance with section 2…

Source excerpt

• Summary Judgment
• Cession Of Rights
• State Liability Act
• School Liability
• Public Procurement
• Contract Breach

SASFIN Bank Limited and Another v Makatsang Cleaning Services (Pty) Ltd and Others (5691/2019)

SASFIN Bank Limited and Another v Makatsang Cleaning Services (Pty) Ltd and Others (5691/2019) [2024] ZAFSHC 325 (17 October 2024)

Court

Free State High Court, Bloemfontein

Case number

5691/2019

Judge

Loubser

The Court found that the Plaintiffs had discharged their onus by producing documentary evidence of the rental agreement, guarantee, cessions, and certificate of balance. The evidence of Ms. Moyo, who had access to all relevant documents and was familiar with the transactions, was unchallenged and uncontradicted. The Defendants failed to provide any evidence to dispute the validity of the cessions or the amount claimed. The contractual provisions allowed for cession without notice and for a certificate of balance to serve as proof of indebtedness, even if issued by a cessionary. The Defendants…

Source excerpt

• Guarantee Liability
• Cession Of Rights
• Certificate Of Balance
• Proof Of Indebtedness
• Summary Judgment
• Contractual Breach

Firstrand Bank Limited v Tsehlo (2023/033643)

Firstrand Bank Limited v Tsehlo (2023/033643) [2024] ZAGPPHC 972 (30 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023/033643

Judge

Woodrow

Summary judgment was refused because the plaintiff failed to plead and prove the alleged cession, leaving locus standi and the cause of action in dispute.

• Summary Judgment
• Mortgage Bond
• Cession Of Rights
• Locus Standi
• National Credit Act
• Special Executability

Propell Sectional Title Solutions (Pty) Ltd v Summerville Homeowners Association and Another (17198/2021; 20088/2022)

Propell Sectional Title Solutions (Pty) Ltd v Summerville Homeowners Association and Another (17198/2021; 20088/2022) [2024] ZAWCHC 187 (23 July 2024)

Court

Western Cape High Court, Cape Town

Case number

17198/2021; 20088/2022

Judge

Bhoopchand

The court found that the Summerville Homeowners Association was a voluntary association, not statutorily created under LUPO, and that the conditions inserted in the title deeds created only personal rights, not real rights, in favour of the Association. The amendments to the constitution in 2010, which purported to allow the Association to take out a loan and cede its rights to Baedex and Propell, were invalid as they circumvented entrenched clauses and were effected without proper notice or authority. The Trustees' resolution to enter into the Levy Finance Agreement and cede rights was ultra…

Source excerpt

• Homeowners Association
• Title Deed Conditions
• Levy Finance Agreement
• Constitution Amendment
• Cession Of Rights
• Ultra Vires