South Africa Case Law

Letaoana v Road Accident Fund (2014/40055)

Letaoana v Road Accident Fund (2014/40055) [2025] ZAGPJHC 404 (23 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2014/40055

Judge

D Marais

The court found that the plaintiff had proven the existence of a customary marriage with the deceased in accordance with section 3 of the Recognition of Customary Marriages Act. The defendant did not dispute the conclusion of the marriage during trial and failed to plead or prove the existence of a prior civil marriage that would invalidate the customary marriage. Even if the marriage was invalid, the facts established a binding agreement to support, entitling the plaintiff to claim for loss of support. The boni mores did not require invalidation of the support agreement, as the plaintiff act…

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• Recognition Of Customary Marriages Act
• Duty Of Support
• Loss Of Support
• Pleading Requirements
• Civil Union Act
• Contra Bonos Mores

Ceva Logistics South Africa (Pty) Ltd v MMS Mobile Cranes CC (20296/2020)

Ceva Logistics South Africa (Pty) Ltd v MMS Mobile Cranes CC (20296/2020) [2024] ZAGPJHC 1129 (12 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

20296/2020

Judge

Osborne AJ

High Court summary judgment granted for logistics charges after the court found the respondent had accepted the quoted costs and failed to raise a bona fide defence.

• Summary Judgment
• Incorporation By Reference
• Standard Terms And Conditions
• Caveat Subscriptor
• Contra Bonos Mores
• Duty Of Care

J.P.V.S v M.M.V.S and Others (3957/2023)

J.P.V.S v M.M.V.S and Others (3957/2023) [2023] ZALMPPHC 77 (28 August 2023)

Court

Limpopo High Court, Polokwane

Case number

3957/2023

Judge

M. Naude-Odendaal

The High Court held that a divorce-related settlement agreement was not contra bonos mores and dismissed an application to declare it void or cancel it.

• Maintenance Obligation
• Settlement Agreement
• Contra Bonos Mores
• Urgent Interdict
• Close Corporation Membership
• Maintenance-obligation

Zeelie N.O v Mjejane Parent Game Reserve Home Owners Association NPC and Others (4033/2021)

Zeelie N.O v Mjejane Parent Game Reserve Home Owners Association NPC and Others (4033/2021) [2023] ZAMPMBHC 16 (8 March 2023)

Court

Mbombela High Court, Mpumalanga

Case number

4033/2021

Judge

Legodi JP

The court found that the Wildlife Agreement was backdated and referenced servitude registration numbers that did not exist at the purported signing date, evidencing an attempt to circumvent the Ebersohn AJ order. The respondents failed to provide plausible explanations or refute the applicant's evidence. The agreements were concluded without proper beneficiary approval, in violation of both the Trust Deed and the prior court order. The court held that the agreements unlawfully encumbered Trust property, excluded beneficiaries, and were concluded for no consideration, undermining the purpose o…

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• Trust Administration
• Land Restitution
• Invalid Contract
• Encumbrance Of Property
• Judicial Oversight
• Contra Bonos Mores

MEC for the Department of Transport, KwaZulu-Natal v Raubex KZN (Pty) Ltd and Another (6677/2020)

MEC for the Department of Transport, KwaZulu-Natal v Raubex KZN (Pty) Ltd and Another (6677/2020) [2021] ZAKZPHC 77 (8 June 2021)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

6677/2020

Judge

Mossop AJ

The court dismissed an application to declare a contractual time-bar unenforceable, finding insufficient facts to show unfairness or public policy grounds.

• Time Limitation Clauses
• Contra Bonos Mores
• Public Policy
• Contractual Fairness
• Enforcement Of Contractual Terms
• Contract-law

Golden Fried Chicken (Pty) Ltd v Vlachos and Another (4923/2018)

Golden Fried Chicken (Pty) Ltd v Vlachos and Another (4923/2018) [2020] ZAGPJHC 284; 2020 BIP 379 (GJ) (20 October 2020)

Court

South Gauteng High Court, Johannesburg

Case number

4923/2018

Judge

S Yacoob

The High Court dismissed Golden Fried Chicken’s trade mark infringement claim over “Soul Souvlaki” and also dismissed the respondents’ non-use and validity counterclaim.

• Trade Mark Infringement
• Distinctiveness Of Marks
• Non Use Removal
• Contra Bonos Mores
• Passing Off
• Brand Reputation

De Vasconcelos and Others v Business Partners Ltd (637/2018)

De Vasconcelos and Others v Business Partners Ltd (637/2018) [2019] ZASCA 80 (31 May 2019)

Court

Supreme Court of Appeal

Case number

637/2018

Judges

Cachalia, Mbha, Dambuza, Davis, Plasket

The court held that a royalty payment linked to a loan was a distinct commercial obligation, not disguised interest, and dismissed the appeal with costs.

• Suretyship
• Contra Bonos Mores
• In Duplum Rule
• Usurious Contracts
• Loan Agreements
• Loan-agreements

AJP Properties CC v Sello (39302/10)

AJP Properties CC v Sello (39302/10) [2017] ZAGPJHC 255; 2018 (1) SA 535 (GJ) (8 September 2017)

Court

South Gauteng High Court, Johannesburg

Case number

39302/10

Judge

Spilg

The court held that while the lease agreement permitted termination on one month's notice, the interests of justice required a reasonable period for the respondent to relocate, given the commercial realities, the respondent's compliance with the lease, and the applicant's failure to promptly disclose the new lease with Pepkor. The court found that the respondent had invested substantially in the pharmacy, which included goodwill tied to its location, and that immediate eviction would cause undue hardship to the respondent and his employees. The applicant's delay in notifying the respondent of…

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• Eviction
• Lease Termination
• Stay Of Execution
• Contra Bonos Mores
• Urgent Application
• Interests Of Justice

Riekert v Sutherland High School and Others (2803/17)

Riekert v Sutherland High School and Others (2803/17) [2017] ZAGPPHC 177 (12 May 2017)

Court

North Gauteng High Court, Pretoria

Case number

2803/17

Judge

J W Louw

The High Court granted an interim interdict ordering a public school to enroll a student for Grade 12, finding he was not bound by a transfer agreement made by his father.

• School Expulsion
• Interim Interdict
• Public Policy
• Parental Authority
• Contra Bonos Mores
• Interim-interdict

Lawrie v Nursing Response CC and Others (CA 331/2014)

Lawrie v Nursing Response CC and Others (CA 331/2014) [2016] ZAECGHC 30; [2016] 3 All SA 186 (ECG) (19 May 2016)

Court

Eastern Cape High Court, Grahamstown

Case number

CA 331/2014

Judges

Bloem, Hartle, Bacela

The High Court had jurisdiction to entertain the application, as the relief sought was not related to the original unfair dismissal dispute referred to the CCMA, but rather to the validity of the settlement agreement. The settlement agreement constituted a valid compromise contract, as both parties receded from their original positions to reach a mutually acceptable resolution. The clauses in question were not contra bonos mores, as they did not offend public policy, law, or morality, nor were they inimical to the interests of the community. The appellant's concerns reflected only her persona…

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• Jurisdiction Of High Court
• Settlement Agreement
• Contra Bonos Mores
• Compromise Contract
• Public Policy