South Africa Case Law

Capability BPO Global (Pty) Ltd and Others v Fore Consulting and Management BV and Others (AR384/2023; D3962/2022)

Capability BPO Global (Pty) Ltd and Others v Fore Consulting and Management BV and Others (AR384/2023; D3962/2022) [2025] ZAKZPHC 67 (20 June 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR384/2023; D3962/2022

Judges

Balton, Harrison, Oliff

High Court appeal allowed after finding material disputes of fact in a corporate oppression and delinquency dispute, with the matter referred to trial.

• Delinquent Director
• Minority Oppression
• Shareholder Rights
• Consultancy Agreement
• Referral To Trial
• Delinquent-director

Roxstar Global Consulting (Pty) Ltd v Stark (17291/24)

Roxstar Global Consulting (Pty) Ltd v Stark (17291/24) [2025] ZAWCHC 252 (19 June 2025)

Court

Western Cape High Court, Cape Town

Case number

17291/24

Judge

RK Parker

The High Court dismissed a postponement bid and ordered return of confidential information under a consultancy agreement, granting final interdictory relief.

• Final Interdict
• Confidential Information
• Consultancy Agreement
• Breach Of Contract
• Postponement Application
• Final-interdict

Mwelase Korffie (Pty) Ltd v Free State Development Corporation (5020/2022)

Mwelase Korffie (Pty) Ltd v Free State Development Corporation (5020/2022) [2025] ZAFSHC 123 (11 April 2025)

Court

Free State High Court, Bloemfontein

Case number

5020/2022

Judge

JP Daffue

High Court prescription dispute over consultancy fees: the court held most of the claim had prescribed, but awarded R1.8 million, interest and costs.

• Prescription Act
• Consultancy Agreement
• Retainer Fees
• Interruption Of Prescription
• Contractual Interpretation
• Prescription

Ocular Technologies (Pty) Limited and Others v AI Vision Consulting (Pty) Limited (43275/2019)

Ocular Technologies (Pty) Limited and Others v AI Vision Consulting (Pty) Limited (43275/2019) [2022] ZAGPJHC 62 (11 February 2022)

Court

South Gauteng High Court, Johannesburg

Case number

43275/2019

Judge

K Meyer

The court dismissed an application to rescind a default judgment, finding no adequate explanation for default and no proven fraud in the underlying agreement.

• Rescission Of Judgment
• Fraud In Civil Procedure
• Consultancy Agreement
• Suretyship Liability
• Rescission-of-judgment
• Fraud-in-civil-procedure

Dr DM De Jongh & Associates No. 64 Incorporated v Botha and Another (34071/2017)

Dr DM De Jongh & Associates No. 64 Incorporated v Botha and Another (34071/2017) [2018] ZAGPPHC 570 (13 April 2018)

Court

North Gauteng High Court, Pretoria

Case number

34071/2017

Judge

Hattingh

High Court matter on a medical restraint of trade: the court found a valid proprietary interest, but held the three-year restraint excessive and granted no interdict.

• Restraint Of Trade
• Consultancy Agreement
• Enforceability Of Contracts
• Proprietary Interest
• Springboard Doctrine
• Restraint-of-trade

Vermooten v Department of Public Enterprises and Others (JA91/2015)

Vermooten v Department of Public Enterprises and Others (JA91/2015) [2016] ZALAC 63; (2017) 38 ILJ 607 (LAC); [2017] 6 BLLR 606 (LAC) (14 December 2016)

Court

Labour Appeal Court

Case number

JA 91/2015

Judges

Landman, Waglay, Ndlovu

The Labour Appeal Court held that a valid consultancy agreement, freely chosen and not a sham, meant Dr Vermooten was not an employee of the Department.

• Definition Of Employee
• Independent Contractor
• Consultancy Agreement
• Jurisdictional Fact
• Remuneration Policy
• Definition-of-employee

Siyaya DB Consulting Engineers (Pty) Ltd v Passanger Rail Agency of South Africa (7394/2015)

Siyaya DB Consulting Engineers (Pty) Ltd v Passanger Rail Agency of South Africa (7394/2015) [2015] ZAGPPHC 961 (1 December 2015)

Court

North Gauteng High Court, Pretoria

Case number

7394/2015

Judge

NP Mali

The court found that the respondent had raised a bona fide defence, specifically regarding the payment structure and the correlation between invoices and the payment schedule under the consultancy agreement. The dispute over the payment structure was central to the defence and required interpretation at trial. The applicant conceded that a triable issue existed regarding the interest claimed. Accordingly, the court held that summary judgment was not appropriate and granted the defendant leave to defend the action.

Source excerpt

• Summary Judgment
• Liquidated Claim
• Consultancy Agreement
• Leave To Defend

SS&G Project Finance Solutions (Pty) Ltd v Gibb (Pty) Ltd and Others (9982/2015)

SS&G Project Finance Solutions (Pty) Ltd v Gibb (Pty) Ltd and Others (9982/2015) [2015] ZAGPJHC 334 (25 September 2015)

Court

South Gauteng High Court, Johannesburg

Case number

9982/2015

Judge

M Victor

The court struck an urgent application off the roll, finding the applicant had not shown sufficient urgency for wide-ranging interdict and mandamus relief.

• Interdict
• Consultancy Agreement
• Urgency
• Mandamus
• Joint Venture Dispute
• Urgent-interdict

Mabasa v Mmela Financial Services (Pty) Ltd and Others (45084/13)

Mabasa v Mmela Financial Services (Pty) Ltd and Others (45084/13) [2014] ZAGPJHC 19 (28 February 2014)

Court

South Gauteng High Court, Johannesburg

Case number

45084/13

Judge

N F Kgomo

Urgent High Court matter over consultancy fees and a cell-captive insurance structure. The court ordered interim payment of R6 million and sent the rest to trial.

• Consultancy Agreement
• Interdict
• Urgent Application
• Cell Captive Insurance Structure
• Payment Of Fees
• Urgent-application

Wolfsberg Arch Investments (Pty) Ltd v Pentad Quantity Surveyors (Pty) Ltd (27254/2009)

Wolfsberg Arch Investments (Pty) Ltd v Pentad Quantity Surveyors (Pty) Ltd (27254/2009) [2013] ZAGPJHC 72 (15 March 2013)

Court

South Gauteng High Court, Johannesburg

Case number

27254/2009

Judge

FHD van Oosten

Leave to appeal was refused after the High Court found the plaintiff had not proved contractual damages or any real prospect of success on appeal.

• Leave To Appeal
• Proof Of Damages
• Breach Of Contract
• Consultancy Agreement
• Leave-to-appeal
• Proof-of-damages