South Africa Case Law

Intengo Imoto (Pty) Ltd t/a Northcliff Nissan v Zoutpansberg Motor Wholesalers CC t/a Hyundai Louis Trichardt (474/2024)

Intengo Imoto (Pty) Ltd t/a Northcliff Nissan v Zoutpansberg Motor Wholesalers CC t/a Hyundai Louis Trichardt (474/2024) [2025] ZASCA 93 (20 June 2025)

Court

Supreme Court of Appeal

Case number

474/2024

Judges

Zondi, Mothle, Weiner, Kathree-Setiloane, Coppin

The Supreme Court of Appeal held that a purchaser who paid into a fraudulent account after failing to verify bank details had not discharged its payment obligation.

• Payment Obligation
• Electronic Funds Transfer
• Business Email Compromise
• Risk Of Loss
• Contract Breach
• Electronic-funds-transfer

ABSA Bank Limited v Laduma Foods and Others (3083/2024)

ABSA Bank Limited v Laduma Foods and Others (3083/2024) [2025] ZALMPPHC 35 (11 February 2025)

Court

Limpopo High Court, Polokwane

Case number

3083/2024

Judge

Bresler

The High Court granted summary judgment for ABSA against all defendants after finding the plea was a bare denial and the offered security was insufficient.

• Summary Judgment
• Suretyship
• Overdraft Facility
• Contract Breach
• Security For Judgment
• Summary-judgment

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

WD Mining (Pty) Ltd v New Venture Mining Investment Holdings and Others (M107/22)

WD Mining (Pty) Ltd v New Venture Mining Investment Holdings and Others (M107/22) [2023] ZANWHC 163 (15 August 2023)

Court

North West High Court, Mafikeng

Case number

M107/22

Judge

S Mfenyana

The High Court dismissed WD Mining’s application to enforce a mining agreement and ordered attorney-and-client costs after finding the claim unproved and the applicant’s conduct blameworthy.

• Specific Performance
• Contract Breach
• Mining Rights
• Mineral And Petroleum Resources Act
• Costs Award
• Specific-performance

Bulowayo Construction (Pty) Ltd v Firstrand Auto Receivables (RF) Limited (375/2021)

Bulowayo Construction (Pty) Ltd v Firstrand Auto Receivables (RF) Limited (375/2021) [2023] ZAECMKHC 67 (19 May 2023)

Court

Eastern Cape High Court, Makhanda

Case number

375/2021

Judge

N G Beshe

The High Court dismissed an application to rescind a default judgment in a vehicle-finance dispute, finding no reasonable explanation for the default or bona fide defence.

• Rescission Of Judgment
• Default Judgment
• Contract Breach
• Vehicle Finance
• Bona Fide Defence
• Rescission-of-judgment

De Abreu and Another v Pestana Family Meat and Chicken CC and Another (2327/2005)

De Abreu and Another v Pestana Family Meat and Chicken CC and Another (2327/2005) [2022] ZAGPJHC 462 (11 July 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2327/2005

Judge

Matojane

The court found that the plaintiffs had established a prima facie case by proving the existence of a valid contract, its material terms, and breach by the defendants. The penalty clause invoked by the defendants is subject to the Conventional Penalty Act, which empowers the court to reduce the penalty if it is disproportionate to the actual prejudice suffered. As the defendants failed to plead or prove any loss resulting from the breach, the penalty stands to be reduced to zero. Consequently, the application for absolution from the instance was refused, and the defendants were ordered to pay…

Source excerpt

• Contract Breach
• Penalty Clause
• Conventional Penalty Act
• Absolution From Instance

Mdluli v National Consumer Tribunal and Others (Leave to Appeal) (A195/19)

Mdluli v National Consumer Tribunal and Others (Leave to Appeal) (A195/19) [2022] ZAGPPHC 333 (11 May 2022)

Court

North Gauteng High Court, Pretoria

Case number

A195/19

Judges

S M Mfenyana, T J Raulinga

The High Court dismissed the appeal on interest but upheld the appellant’s claim for costs after a successful consumer complaint about misrepresented vehicles.

• Consumer Protection Act
• Contract Breach
• Restitution Damages
• Costs Award
• Interest On Damages
• Consumer-protection

Moabela and Another v Curro Holdings Ltd t/a Curro Academy Soshanguve and Others (39189/2021)

Moabela and Another v Curro Holdings Ltd t/a Curro Academy Soshanguve and Others (39189/2021) [2021] ZAGPPHC 498 (12 August 2021)

Court

North Gauteng High Court, Pretoria

Case number

39189/2021

Judge

Basson

The court found that the applicant had breached the Learner Admission Contract by failing to pay the required school fees. Curro, as a private school, was entitled under the contract to terminate the learner's enrolment after affording the applicant an opportunity to remedy the breach. The applicant's agreement with the Department of Military Veterans did not bind Curro, and the applicant remained personally liable for the fees. The right to education, while fundamental, does not require a private school to continue providing education where the parent has defaulted on payment. The applicant…

Source excerpt

• Contract Breach
• Right To Education
• Urgent Interdict
• Private School Fees

Firstrand Bank Limited t/a Wesbank v Pillay (6615/2020)

Firstrand Bank Limited t/a Wesbank v Pillay (6615/2020) [2021] ZAGPPHC 514 (10 August 2021)

Court

North Gauteng High Court, Pretoria

Case number

6615/2020

Judge

Baqwa

Summary judgment was granted on a bank’s claim to cancel an instalment sale agreement and recover a vehicle after the defendant fell into arrears.

• Instalment Sale Agreement
• Summary Judgment
• Force Majeure
• National Credit Act Compliance
• Contract Breach
• Summary-judgment

Football Club Matime Lions NPC v La-Masia Football Club NPC and Another (296/2021)

Football Club Matime Lions NPC v La-Masia Football Club NPC and Another (296/2021) [2021] ZAGPPHC 39 (28 January 2021)

Court

North Gauteng High Court, Pretoria

Case number

296/2021

Judge

E.M Kubushi

An urgent application over a football club status sale succeeded after the court found the buyer breached the payment deadline and the agreement became void.

• Contract Breach
• Specific Performance
• Interim Interdict
• Sale Of Business Status
• Contract-breach
• Interim-interdict