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South Africa decisions
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M Magome Incorporated v Mercedes-Benz Financial Services (55323/20) [2022] ZAGPPHC 66 (9 February 2022)
Leave to appeal was refused after summary judgment against the applicant over cancellation of an instalment sale agreement and return of a vehicle.
Nahour and Another v Minister of Justice and Constitutional Development (6057/2007) [2018] ZAKZPHC 65 (3 August 2018)
The plaintiffs failed to discharge the onus of proving causation between the prosecutrix's irregularity and their damages. The evidence showed that, even excluding the complainant's testimony, the plaintiffs had a compelling case to answer and could have been convicted on the remaining evidence. Their acquittal by the Supreme Court of Appeal was not proof of innocence but rather a finding that the State had not met the threshold of proof beyond reasonable doubt. Furthermore, the plaintiffs' admitted criminal conduct—procuring sex for reward—constituted turpitude and was instrumental to their…
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Nondabula v Commissioner: SARS and Another (4062/2016) [2017] ZAECMHC 21; 2018 (3) SA 541 (ECM); 79 SATC 333 (27 June 2017)
The High Court held SARS unlawfully issued a third-party notice after failing to give the taxpayer the required notice and grounds for an additional assessment.
Cloete v Maritz (6222/2010) [2013] ZAWCHC 69; 2013 (5) SA 448 (WCC) (24 April 2013)
The court held that the Supreme Court of Appeal's remarks in Van Jaarsveld v Bridges regarding the abolition of claims for prospective losses based on breach of promise to marry were obiter dicta and not binding. However, the court found that the current approach to engagements, which allows for claims for prospective damages on a rigid contractual footing, does not reflect contemporary public policy or constitutional values. The law relating to breach of promise to marry must be reconsidered in light of evolving societal norms and the values underpinning the Constitution. Accordingly, the co…
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Schubach v Minister van Veiligheid en Sekuriteit NO en Ander (54397/07) [2013] ZAGPPHC 63 (21 February 2013)
The court found that the applicant was maliciously prosecuted in respect of three groups of charges: possession of his own licensed firearms and ammunition, possession of explosives, and possession of his service pistol. The evidence showed that the prosecution was instituted without reasonable grounds, and the respondents failed to exercise reasonable care in investigating the facts. The prosecution was reckless, and the applicant suffered significant harm, including humiliation, trauma, and financial loss. The court applied the principles of malicious prosecution, requiring both subjective…
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Naidoo v Birchwood Hotel (2010/47765) [2012] ZAGPJHC 59; 2012 (6) SA 170 (GSJ) (3 April 2012)
High Court case on a hotel’s liability for injuries caused by a falling gate and the enforceability of exemption clauses under constitutional public policy.
National Peoples Party v Electoral Commission (002/11 IEC) [2011] ZAEC 3 (21 April 2011)
The court held that the applicant's representative entered the respondent's building with the required documents and deposit before the cut-off time. The refusal to accept the documents was unreasonable, given the minimal time difference and the constitutional imperative to facilitate participation in democratic elections. The time-table must be interpreted and applied in a manner that promotes enfranchisement and participation, not exclusion. The respondent's strict and inflexible application of the time-table was contrary to its legislative purpose and constitutional values. The decision to…
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J.W.P en n Ander v A.M.J.P N.O en Andere (29875/08) [2010] ZAGPPHC 549 (6 April 2010)
The court held a trust amendment invalid for lack of beneficiary acceptance, but fashioned equitable relief so the applicants received one-fifth each of the trust value.
Den Braven S.A. (Pty) Limited v Pillay and Another (2899/2008) [2008] ZAKZHC 22; 2008 (6) SA 229 (D); [2008] 3 All SA 518 (D) (27 March 2008)
The court found that the applicant had a legitimate and protectable interest in its customer connections in KwaZulu-Natal, which were developed by Mr. Pillay during his eight years of employment. The evidence established that Mr. Pillay's relationships with customers were substantial and capable of being exploited by a competitor, justifying the applicant's need for protection. The restraint agreement, although drafted in excessively broad terms, was not sought to be enforced in its entirety. The court held that public policy, as informed by constitutional values, does not require the invalid…
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Graf v Buechel (150/2002) [2003] ZASCA 29; [2003] 2 All SA 123 (SCA); 2003 (4) SA 378 (SCA) (27 March 2003)
The Supreme Court of Appeal held that the prohibition on pactum commissorium applies to all pledges, irrespective of whether the pledgor is the debtor or a third party. The rule is clear and general, and its application does not depend on the presence of the policy considerations that motivated its origin. Comparative law supports the general prohibition, and the potential for injustice remains regardless of the pledgor's status. The contract in question did not provide for a fair valuation of the shares and loan account, and thus the relevant clause constituted an invalid pactum commissorium…
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