South Africa Case Law

Standard Bank of South Africa Limited v Troskie Consultants (Pty) Ltd and Another (2023/012036)

Standard Bank of South Africa Limited v Troskie Consultants (Pty) Ltd and Another (2023/012036) [2025] ZAGPJHC 664 (8 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/012036

Judge

T Engelbrecht

The court found that the applicant and first respondent entered into seven instalment sale agreements, which the first respondent breached by failing to make payments. The respondent’s defence that the applicant’s omission of VAT numbers and addresses caused SARS to reject VAT claims, thereby making performance impossible, was rejected. The agreements did not make payment conditional on VAT refunds, and the respondent was responsible for ensuring correct information was included. The court held that any impossibility was subjective and self-created, not objective. Payments were made for a sub…

Source excerpt

• Instalment Sale Agreements
• Contract Cancellation
• Specific Performance
• Duty Of Care
• Dispute Of Fact

Free State Development Corporation v Telgobrite (Pty) Ltd and Others (2342/2024)

Free State Development Corporation v Telgobrite (Pty) Ltd and Others (2342/2024) [2025] ZAFSHC 149 (26 May 2025)

Court

Free State High Court, Bloemfontein

Case number

2342/2024

Judge

Opperman

The applicant proved ownership of the property and valid cancellation of both the sale and lease agreements with the first respondent. The first respondent failed to provide evidence of lawful entitlement to occupy or own the property, and did not initiate proceedings to enforce transfer. The lease agreement was breached by non-payment of rent and utilities, and the applicant lawfully terminated the contract. The PIE Act applies to the second respondent and other unlawful occupiers residing on the property, and all procedural requirements under PIE were met. No bona fide dispute of fact was r…

Source excerpt

• Eviction
• Unlawful Occupation
• Lease Agreement Termination
• Prevention Of Illegal Eviction Act
• Contract Cancellation
• Plaintiff Entitlement To Possession

Feltre Trust and Others v Middelvlei Tenacres Properties (Pty) Ltd and Others (2024/019326)

Feltre Trust and Others v Middelvlei Tenacres Properties (Pty) Ltd and Others (2024/019326) [2025] ZAGPJHC 549 (26 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/019326

Judge

Nigrini

The court found that the failure to attach the trustee resolution to the sale agreement or founding affidavit did not render the contract void, as the resolution was executed prior to the agreement and authority was not challenged until later. The agreement was validly concluded and cancelled, and the penalty clause invoked the Conventional Penalties Act, making proportionality a live issue. The referral to oral evidence on proportionality was within the court's discretion under Rule 6(5)(g) and did not violate the functus officio doctrine, as it was an interlocutory order. The respondents' c…

Source excerpt

• Alienation Of Land Act
• Conventional Penalties Act
• Contract Cancellation
• Authority Of Trustees
• Case Management
• Oral Evidence Referral

Standard Bank of South Africa Limited v Troskie Consultants (Pty) Ltd and Another (2023/012036)

Standard Bank of South Africa Limited v Troskie Consultants (Pty) Ltd and Another (2023/012036) [2025] ZAGPJHC 504 (26 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/012036

Judge

Engelbrecht

The court found that the Applicant and First Respondent entered into seven instalment sale agreements, which the First Respondent breached by failing to make payments. The Respondent’s defence, based on alleged omissions of VAT numbers and addresses by the Applicant, was rejected. The agreements did not contain terms making payment contingent on VAT refunds, nor did they require the Applicant to ensure VAT compliance for the Respondent’s benefit. The Respondent was responsible for ensuring its own VAT information was correctly included. The court held that any impossibility to perform was sub…

Source excerpt

• Instalment Sale Agreements
• Contract Cancellation
• Vat Refund Dispute
• Duty Of Care
• Condonation
• Summary Judgment

Standard Bank of South Africa Limited v Khoza (2023/100165)

Standard Bank of South Africa Limited v Khoza (2023/100165) [2025] ZAGPPHC 569 (23 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023/100165

Judge

SG Maritz

The High Court confirmed cancellation of a credit card agreement, upheld delivery of section 129 notices, and ordered payment of the outstanding balance and costs.

• Credit Agreement Enforcement
• Section 129 Notice
• Uniform Rule 18 6
• Contract Cancellation
• Certificate Of Balance
• Credit-agreement-enforcement

J.V.S v M.V.S and Others (Appeal) (HCAA34/2023)

J.V.S v M.V.S and Others (Appeal) (HCAA34/2023) [2025] ZALMPPHC 101 (19 May 2025)

Court

Limpopo High Court, Polokwane

Case number

HCAA34/2023

Judges

Muller, Ngobeni, Makoti

The court found that the issue of whether the settlement agreement was void as contra bonos mores had become moot, as the agreement was no longer applicable after 2024. Regarding cancellation, the court held that the first respondent failed to pay R1,000,000 as part of the purchase price and did not remedy the breach despite demand, constituting repudiation. The appellant was entitled to cancel the agreement. The court a quo erred in finding otherwise. As for the prior order by Makgoba JP, intervening circumstances, including the sale of property by agreement and the winding up of the second…

Source excerpt

• Settlement Agreement Enforceability
• Maintenance Obligations
• Contract Cancellation
• Repudiation
• Public Policy
• Costs Award

KwaZulu Natal Consumer Protector and Another v Wosiyane Cold Rooms CC and Another (KZNCT03/2025)

KwaZulu Natal Consumer Protector and Another v Wosiyane Cold Rooms CC and Another (KZNCT03/2025) [2025] ZANCT 28 (13 May 2025)

Court

National Consumer Tribunal

Case number

KZNCT03/2025

Judges

B. Dumisa, N. Cawe, S. Mbhele

The Tribunal found the respondents breached the Consumer Protection Act by failing to deliver a cold room and refund payment, and ordered cancellation, refund, interest, and a penalty.

• Consumer Protection Act
• Prohibited Conduct
• Refund Claim
• Contract Cancellation
• Administrative Penalty
• Consumer-protection

Standard Bank of South Africa Limited v Mabunda N.O (060597/2022)

Standard Bank of South Africa Limited v Mabunda N.O (060597/2022) [2025] ZAGPPHC 315 (25 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

060597/2022

Judge

P D Kekana

The High Court confirmed cancellation of two instalment sale agreements after the trust remained in arrears, and ordered return of the financed vehicles.

• Instalment Sale Agreement
• Contract Cancellation
• Section 129 Notice
• Default And Arrears
• Instalment-sale-agreement
• Contract-cancellation

Caterpillar Financial Services South Africa (Pty) Ltd v MNTK Projects Proprietary Limited (Leave to Appeal) (1150/2024)

Caterpillar Financial Services South Africa (Pty) Ltd v MNTK Projects Proprietary Limited (Leave to Appeal) (1150/2024) [2025] ZALMPPHC 40 (11 March 2025)

Court

Limpopo High Court, Polokwane

Case number

1150/2024

Judge

M Bresler

The court found that the agreement was properly cancelled in accordance with its terms, which distinguished between payment default (allowing immediate termination) and other breaches. The applicant's arguments regarding the necessity of a demand prior to cancellation were rejected, as the contract expressly provided for immediate termination in the event of non-payment. The respondent's actions in cancelling the agreement and seeking repossession of the units were consistent with both the contract and applicable legal principles. The court further held that the requirements for Section 18(3)…

Source excerpt

• Contract Cancellation
• Repossession Of Property
• Urgent Application
• Section 18 Superior Courts Act
• Attorney And Client Costs

Foursight IT Business Solutions (Pty) Ltd v Department of Home Affairs and Another (024313/23)

Foursight IT Business Solutions (Pty) Ltd v Department of Home Affairs and Another (024313/23) [2025] ZAGPPHC 248 (3 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

024313/23

Judge

GN Moshoana

The High Court dismissed Foursight’s challenge to the cancellation of its IT services contract, holding the pleaded case was not a PAJA review and no damages claim was before it.

• Declaratory Relief
• Specific Performance
• Contract Cancellation
• Administrative Action
• Treasury Regulations
• Fraud