South Africa Case Law

A.W obo M.U.W v Member of the Executive Council for Health, Eastern Cape (Quantum) (288/2019)

A.W obo M.U.W v Member of the Executive Council for Health, Eastern Cape (Quantum) (288/2019) [2025] ZAECBHC 15 (27 June 2025)

Court

Eastern Cape High Court, Bhisho

Case number

288/2019

Judge

Hartle

The court found that the defendant's reliance on an 'undertaking to pay' remedy, divorced from the public healthcare defence and unsupported by a properly pleaded case or factual evidence, was untenable. The defendant failed to demonstrate why the common law should be developed in the present circumstances to permit such a remedy, nor did she provide evidence that the agreed private healthcare costs were unreasonable. The court emphasized that development of the common law in this area requires a case-specific factual foundation and cannot be applied automatically from previous judgments. The…

Source excerpt

• Medical Negligence
• Future Medical Expenses
• Once And For All Rule
• Constitutional Development Of Common Law
• State Liability
• Undertaking To Pay

Ruigtevlei Farm Labour Tenant Association v Harbich and Others (12045/19)

Ruigtevlei Farm Labour Tenant Association v Harbich and Others (12045/19) [2020] ZAWCHC 182 (18 December 2020)

Court

Western Cape High Court, Cape Town

Case number

12045/19

Judge

P.A.L. Gamble

The applicant failed to discharge the onus of proving abandonment of the farm by Mr. Harbich. The uncontested evidence established that Mr. Harbich maintained ownership rights, leased the property continuously, and attempted to return to South Africa but was prevented by immigration authorities. The presence of a lessee and ongoing rental payments are inconsistent with abandonment. The relief sought for expropriation and transfer was not competent, as only the Minister of Public Works may expropriate land under statute, and the Department of Rural Development and Land Reform lacks such power.…

Source excerpt

• Abandonment Of Property
• Expropriation
• Motion Proceedings
• Onus Of Proof
• Constitutional Development Of Common Law

African Dawn Property Finance 2 (Pty) Ltd v Dreams Travel and Tours CC and Others (2011 (3) SA 511 (SCA);

African Dawn Property Finance 2 (Pty) Ltd v Dreams Travel and Tours CC and Others (2011 (3) SA 511 (SCA); [2011] 3 All SA 345 (SCA)) [2011] ZASCA 45; 234/10 (30 March 2011)

Court

Supreme Court of Appeal

Case number

234/10

Judges

Ponnan, Tshiqi, Majiedt

The Supreme Court of Appeal held that the loan interest was not usurious absent proof of extortion or oppression, and upheld the contractual rate.

• Usury
• Interest Rate
• Public Policy In Contracts
• Contractual Autonomy
• Constitutional Development Of Common Law
• Interest-rates

Murray v Minister of Defence (383/2006)

Murray v Minister of Defence (383/2006) [2008] ZASCA 44; [2008] 3 All SA 66 (SCA); [2008] 6 BLLR 513 (SCA) ; 2009 (3) SA 130 (SCA); 2008 (11) BCLR 1175 (SCA); (2008) 29 ILJ 1369 (SCA) (31 March 2008)

Court

Supreme Court of Appeal

Case number

383/2006

Judges

Mpati, Cameron, Mlambo, Combrinck, Cachalia

The Supreme Court of Appeal held that the appellant's resignation was the result of intolerable conditions created by the navy, for which the navy was culpably responsible. While the navy's operational decisions and disciplinary actions were largely justified, its failure to consult the appellant regarding the downgrading of his post and to adequately explain the alternative position offered constituted a breach of the duty of fair dealing required by the constitutionally developed common law. The navy's conduct left the appellant under a material misapprehension about his employment prospect…

Source excerpt

• Constructive Dismissal
• Fair Labour Practices
• Constitutional Development Of Common Law
• Duty Of Fair Dealing
• Employment Contract
• Reinstatement Principle