South Africa Case Law

Barloworld Motor Retail South Africa, a Division of Barloworld South Africa (Pty) Ltd v Badger Holdings South Africa (Pty) Ltd (previously known as African Independent Brokers (Pty) Ltd) and Another (12223/2024)

Barloworld Motor Retail South Africa, a Division of Barloworld South Africa (Pty) Ltd v Badger Holdings South Africa (Pty) Ltd (previously known as African Independent Brokers (Pty) Ltd) and Another (12223/2024) [2025] ZAWCHC 313 (25 June 2025)

Court

Western Cape High Court, Cape Town

Case number

12223/2024

Judge

N. Mangcu-Lockwood

The High Court dismissed Barloworld’s exception to Dotsure’s special pleas and plea on the merits, holding the issues were interpretative and not properly decided on exception.

• Exception Procedure
• Pleading Requirements
• Contract Interpretation
• Agency
• Cession Of Rights
• Exception-procedure

Inzalo Enterprise Management Systems (Pty) Ltd v Chief Albert Luthuli Municipality (102/2024)

Inzalo Enterprise Management Systems (Pty) Ltd v Chief Albert Luthuli Municipality (102/2024) [2025] ZASCA 85 (11 June 2025)

Court

Supreme Court of Appeal

Case number

102/2024

Judges

Nicholls, Unterhalter, Norman

The Supreme Court of Appeal held that an order compelling delivery of all data was too broad and included possible proprietary software data. The matter was remitted for oral evidence.

• Contract Interpretation
• Delivery Up Of Data
• Remittal For Oral Evidence
• Contract-interpretation
• Data-ownership
• Delivery-up

French Riviera Investments (Pty) Ltd v FTX Investments (Pty) Ltd (2024/065062)

French Riviera Investments (Pty) Ltd v FTX Investments (Pty) Ltd (2024/065062) [2025] ZAGPPHC 552 (22 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024/065062

Judge

H F Jacobs

The court allowed an amendment to a notice of motion seeking declaratory relief about a sale agreement and postponed the application sine die.

• Declaratory Relief
• Amendment Of Notice Of Motion
• Contract Interpretation
• Sale Of Business
• Tenant Deposits
• Declaratory-relief

Base Major Construction (Pty) Ltd v Department of Roads and Public Works, Northern Cape Province and Another (1496/2019)

Base Major Construction (Pty) Ltd v Department of Roads and Public Works, Northern Cape Province and Another (1496/2019) [2025] ZANCHC 47 (25 April 2025)

Court

Northern Cape High Court, Kimberley

Case number

1496/2019

Judge

MC Mamosebo

The court found that the Addendum to the JBCC Principal Building Agreement was concluded due to the applicant's failure to meet contractual milestones and expressly provided that its terms would supersede the original contract in case of conflict. The applicant accepted the Addendum and was bound by its stricter requirements, including revised milestones and termination rights. The applicant failed to complete the works within the revised period, resulting in a material breach. The respondents were entitled to terminate the contract under the Addendum and levy penalties for delay. The applica…

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• Contract Interpretation
• Repudiation
• Penalties For Delay
• Motion Proceedings
• Addendum Supersession

Mahmood v Sohawon and Another (939/2023)

Mahmood v Sohawon and Another (939/2023) [2025] ZAMPMHC 24 (10 April 2025)

Court

Middelburg High Court, Mpumalanga

Case number

939/2023

Judge

MBG Langa

The High Court ordered specific performance of a property sale after finding the sellers’ cancellation invalid and treating their conduct as repudiation.

• Specific Performance
• Repudiation Of Contract
• Lex Commissoria
• Sale Of Immovable Property
• Contract Interpretation
• Specific-performance

Hlaniki Investment Holding (Pty) Ltd v City of Ekurhuleni Metropolitan Municipality (102773/2023)

Hlaniki Investment Holding (Pty) Ltd v City of Ekurhuleni Metropolitan Municipality (102773/2023) [2025] ZAGPJHC 376 (8 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

102773/2023

Judges

Twala, Mokose, Mohosi

The court held that it was entitled to raise the issue of compliance with section 33(1) of the MFMA mero motu, as the contract's duration and its implications for public funds made the point of law necessary and apparent from the evidence. The SLA, on its face and as confirmed by the parties' conduct, extended beyond three financial years, triggering the requirements of section 33(1). The contract was not regularised in accordance with the statutory requirements, rendering it invalid. The court rejected the appellant's argument that the contract should be interpreted to uphold legality, findi…

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• Municipal Finance Management Act
• Contract Interpretation
• Public Procurement
• Illegality Of Contract
• Service Level Agreement

New Salt Rock City (Pty) Ltd and Others v Kilken Platinum (Pty) Ltd and Others (2022-018387)

New Salt Rock City (Pty) Ltd and Others v Kilken Platinum (Pty) Ltd and Others (2022-018387) [2025] ZAGPPHC 317 (27 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

2022-018387

Judge

BAM

The High Court granted leave to appeal over a dispute about a settlement agreement, including a Rouwkoop clause, pending-litigation wording, and alleged reciprocal breaches.

• Leave To Appeal
• Settlement Agreement
• Rouwkoop Clause
• Reciprocal Obligations
• Contract Interpretation
• Leave-to-appeal

Tornowize (Pty) Limited v Thungela Operations (Pty) Limited (2022/060819)

Tornowize (Pty) Limited v Thungela Operations (Pty) Limited (2022/060819) [2025] ZAGPJHC 222 (28 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/060819

Judge

Aucamp

The court held that Tornowize complied with a deed of settlement made an order of court, rejecting Thungela’s claim that December 2022 P&G payments remained outstanding.

• Contract Interpretation
• Settlement Agreement
• Full And Final Settlement
• Declaratory Relief
• Contract-interpretation
• Settlement-agreements

Bidvest Bank Ltd v Wellsted (2023/109082)

Bidvest Bank Ltd v Wellsted (2023/109082) [2025] ZAGPJHC 618 (25 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/109082

Judge

ML Senyatsi

The court found that both guarantees executed by the respondent contain express terms stating that each is in addition to, and not in substitution for, any other security. The amendment letter increasing the facility and requiring a new guarantee did not expressly state that the R7 million guarantee replaced the R4 million guarantee. Clause 18.2 of both guarantees requires any variation or cancellation to be in writing and signed by both parties, which did not occur. The respondent's reliance on alleged oral representations and his subjective understanding is insufficient to override the clea…

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• Guarantee Liability
• Contract Interpretation
• Variation Of Contract
• Business Rescue

Lloyd v Richards and Another (4892/2022)

Lloyd v Richards and Another (4892/2022) [2025] ZAWCHC 41 (13 February 2025)

Court

Western Cape High Court, Cape Town

Case number

4892/2022

Judge

Van Zyl

The court found that the sale of members’ interest agreement did not expressly or by necessary implication create joint and several liability. Clause 4.4 stipulated that each respondent purchased 50% of the members’ interest, and references to 'the Purchasers' and their joint conduct did not override this. The debt was divisible, and the presumption of joint liability applied. The applicant failed to show an intention to create joint and several liability. Regarding costs, the court held that the application was premature as the corporation was not debt-free at the effective date, and payment…

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• Sale Of Members Interest
• Joint Liability
• Contract Interpretation
• Costs Award
• Magistrates Court Jurisdiction