South Africa Case Law

Old Mutual Alternate Risk Transfer Insure Limited v SA Guarantee Specialists Proprietary Limited and Another (2025/127863)

Old Mutual Alternate Risk Transfer Insure Limited v SA Guarantee Specialists Proprietary Limited and Another (2025/127863) [2025] ZAWCHC 345 (13 August 2025)

Court

Western Cape High Court, Cape Town

Case number

2025/127863

Judge

Morrissey AJ

The High Court granted urgent access and inspection relief to an insurer against its underwriting manager after unauthorised offshore guarantees and non-compliance concerns.

• Specific Performance
• Cell Captive Insurance
• Contract Termination
• Data Access Rights
• Breach Of Contract
• Fiduciary Duties

Global Connect Trading (Pty) Ltd and Others v South African Securitisation Programme and Others (3198/2022)

Global Connect Trading (Pty) Ltd and Others v South African Securitisation Programme and Others (3198/2022) [2025] ZAFSHC 168 (12 June 2025)

Court

Free State High Court, Bloemfontein

Case number

3198/2022

Judges

Loubser, Chesiwe, Ntanga

The appeal was dismissed because the appellants failed to establish any bona fide defence or triable issue to resist summary judgment. The court found that the deponent to the summary judgment affidavit, as litigation manager with direct access to relevant records, satisfied the requirements of rule 32. The alleged illegibility of the rental agreement did not prevent the appellants from pleading fully, and thus did not constitute a valid defence. The purported cancellation of the agreement was not effected in accordance with the contractual terms and was invalid. The defence of force majeure…

Source excerpt

• Summary Judgment
• Rule 32 Uniform Rules
• Force Majeure
• Impossibility Of Performance
• Contract Termination
• Guarantee Liability

MENP Trading Projects CC v Mimed (Pty) Ltd (9 June 2025) (7126/2021)

MENP Trading Projects CC v Mimed (Pty) Ltd (9 June 2025) (7126/2021) [2025] ZALMPPHC 109 (5 June 2025)

Court

Limpopo High Court, Polokwane

Case number

7126/2021

Judge

M.A. Mphahlele

The High Court held that Black Chrome Mine’s liquidation frustrated the capitation-fee part of the SLA, but the defendant still had to give 60 days’ notice.

• Contract Termination
• Damages
• Force Majeure
• Notice Period
• Service Level Agreement
• Contract-termination

Housing Development Agency v Khavhakone Construction Group (Pty) Ltd (22632/2022)

Housing Development Agency v Khavhakone Construction Group (Pty) Ltd (22632/2022) [2025] ZAGPPHC 506 (16 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

22632/2022

Judge

Retief

Leave to appeal was refused after the court found no reasonable prospects of success in a dispute over interim payment certificates and contract valuation.

• Leave To Appeal Threshold
• Interim Payment Certificates
• Service Level Agreement
• Contract Termination
• Leave-to-appeal
• Interim-payment-certificates

South African Police Service Medical Aid Scheme (POLMED) v Sikhala Attorneys Inc and Others (023855/2024)

South African Police Service Medical Aid Scheme (POLMED) v Sikhala Attorneys Inc and Others (023855/2024) [2025] ZAGPPHC 495 (12 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

023855/2024

Judge

Domingo

The High Court declared that a former subcontractor unlawfully represented POLMED and collected funds after the contract ended, and granted an interdict and accounting order.

• Interdictory Relief
• Declaratory Order
• Misrepresentation
• Third Party Recoveries
• Contract Termination
• Interdict

Ulric Import Export Limited v Mapochs Resources (Pty) Ltd and Another (2024/087647)

Ulric Import Export Limited v Mapochs Resources (Pty) Ltd and Another (2024/087647) [2025] ZAGPJHC 457 (9 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/087647

Judge

G S Myburgh

The High Court dismissed an urgent spoliation and interdict application over mining operations and stockpiled ore, finding no possession at the time of dispossession.

• Mandament Van Spolie
• Interim Interdict
• Urgent Application Procedure
• Contract Termination
• Mining Rights Dispute
• Mandament-van-spolie

Hydro Hype (Pty) Ltd v Consortium Beef Agricultural Primary Co-operative Limited and Others (3977/2023)

Hydro Hype (Pty) Ltd v Consortium Beef Agricultural Primary Co-operative Limited and Others (3977/2023) [2025] ZAFSHC 113 (24 March 2025)

Court

Free State High Court, Bloemfontein

Case number

3977/2023

Judge

Naidoo

The High Court held that the cattle agreement ended by effluxion of time on 17 January 2023 and ordered Consortium Beef to calculate the value of Hydro Hype’s cattle units.

• Contract Termination
• Specific Performance
• Declaratory Relief
• Costs Award
• Interpretation Of Contract
• Contract-termination

Construction Education and Training Authority (CETA) v V2 Digital (Pty) Ltd and Another (2025/024691)

Construction Education and Training Authority (CETA) v V2 Digital (Pty) Ltd and Another (2025/024691) [2025] ZAGPPHC 242 (6 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025/024691

Judge

Labuschagne

The High Court granted urgent interim relief requiring V2 Digital to restore CETA’s access to cloud-hosted systems and data after contract termination.

• Contract Termination
• Specific Performance
• Data Governance
• Protection Of Personal Information Act
• Interim Relief
• Urgent-interim-relief

Member of the Executive Council for Human Settlements, Gauteng v Katekani Investment (21/14457)

Member of the Executive Council for Human Settlements, Gauteng v Katekani Investment (21/14457) [2025] ZAGPJHC 85 (3 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

21/14457

Judge

Cornelissen

The applicant provided a reasonable explanation for the delay, primarily due to pursuing a stay application on senior counsel's advice. The delay was not wilful or grossly negligent. The application to uplift the bar is bona fide and not intended to frustrate the respondent's claim. There was no reckless or intentional disregard of the Uniform Rules of Court. The applicant's defence, based on the respondent's alleged poor performance and failure to complete the contracted works, is not ill-founded and has prospects of success. The respondent's opposition was justified due to the lengthy delay…

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• Condonation Of Late Plea
• Upliftment Of Bar
• Contract Termination
• Damages Claim

Imvula Roads and Civils (Pty) Ltd and Others v Holland Insurance Co. Ltd and Another (2024-104602)

Imvula Roads and Civils (Pty) Ltd and Others v Holland Insurance Co. Ltd and Another (2024-104602) [2025] ZAGPJHC 12 (14 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024-104602

Judge

Dosio

The court found that the guarantees in question are on-demand guarantees, requiring only a written demand and notice of termination from the beneficiary to trigger payment. The applicants failed to establish a prima facie right to interdict payment, as they did not prove fraud or unconscionable conduct on the part of the second respondent. The court held that disputes regarding the validity of the contract termination are irrelevant to the guarantor's obligation to pay under an on-demand guarantee. The fraud exception is narrowly construed and was not established on the facts. The court furth…

Source excerpt

• Performance Guarantee
• Interim Interdict
• Fraud Exception
• Unconscionability
• Contract Termination
• Construction Contracts