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South Africa Case Law

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Commercial And Corporate [2025] ZAWCHC 164

Amakhala Emoyeni Re Project 1 (RF) (Pty) Ltd v Nordex Energy South African (RF) (Pty) Ltd and Others (20035/2024)

Amakhala Emoyeni Re Project 1 (RF) (Pty) Ltd v Nordex Energy South African (RF) (Pty) Ltd and Others (20035/2024) [2025] ZAWCHC 164 (8 April 2025)

Court
Western Cape High Court, Cape Town
Case number
20035/2024
Judge
L G Nuku

The court refused declaratory relief that would vary the EPC contract’s dispute-resolution regime, but allowed amendment and recorded a tender to arbitrate.

  • Arbitration Agreement
  • Contract Variation
  • Declaratory Relief
  • Costs Order
  • Fast Track Dispute Resolution
  • Arbitration
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Civil Procedure [2025] ZAGPPHC 280

Clinix Health Group (Pty) Ltd v Peirre Badenhorst Engineers Inc and Another (2023-085773)

Clinix Health Group (Pty) Ltd v Peirre Badenhorst Engineers Inc and Another (2023-085773) [2025] ZAGPPHC 280 (14 March 2025)

Court
North Gauteng High Court, Pretoria
Case number
2023-085773
Judge
Meaden

The High Court dismissed a review of an arbitration award, finding no misconduct, excess of power, or gross irregularity by the arbitrator.

  • Arbitration Review
  • Gross Irregularity
  • Contract Variation
  • Professional Services Agreement
  • Costs Award
  • Arbitration-review
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Commercial And Corporate [2024] ZAGPPHC 740

Notre Coal (Proprietary) Limited v Southern Palace Investments 425 (Proprietary) Limited (2024-071100)

Notre Coal (Proprietary) Limited v Southern Palace Investments 425 (Proprietary) Limited (2024-071100) [2024] ZAGPPHC 740 (30 July 2024)

Court
North Gauteng High Court, Pretoria
Case number
2024-071100
Judge
K Strydom

Urgent application for specific performance dismissed after the court found no proven contractual breach and held that the delivery timeline had been varied.

  • Specific Performance
  • Contract Variation
  • Urgent Application
  • Breach Of Contract
  • Specific-performance
  • Contract-variation
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Civil Procedure [2024] ZALMPPHC 24

Albertyn and Another v Dreyer and Another (7486/2022)

Albertyn and Another v Dreyer and Another (7486/2022) [2024] ZALMPPHC 24 (8 March 2024)

Court
Limpopo High Court, Polokwane
Case number
7486/2022
Judge
M.G. Phatudi

The High Court upheld an exception to a plea in reconvention, finding the pleaded oral agreements and set-offs were barred by the written contract’s integration and non-variation clauses.

  • Parol Evidence Rule
  • Contract Variation
  • Specific Performance
  • Exception To Pleading
  • Pacta Sunt Servanda
  • Parol-evidence-rule
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Commercial And Corporate [2023] ZAGPJHC 1390

TUHF v 68 Wolmarans Street Johannesburg and Others (A5073/2022)

TUHF v 68 Wolmarans Street Johannesburg and Others (A5073/2022) [2023] ZAGPJHC 1390 (29 November 2023)

Court
South Gauteng High Court, Johannesburg
Case number
A5073/2022
Judges
Vally, Adams, Dlamini

The Full Court upheld TUHF’s appeal, rejected lis pendens and abuse-of-process objections, and granted enforcement, execution and related relief.

  • Loan Agreement Enforcement
  • Suretyship
  • Lis Pendens
  • Contract Variation
  • Abuse Of Process
  • Rule 46a Executability
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Commercial And Corporate [2023] ZAGPJHC 1148

Kloofzicht Property (Pty) Ltd and Others v Beryl Property (Pty) Ltd (20008/22)

Kloofzicht Property (Pty) Ltd and Others v Beryl Property (Pty) Ltd (20008/22) [2023] ZAGPJHC 1148 (12 October 2023)

Court
South Gauteng High Court, Johannesburg
Case number
20008/22
Judge
G Farber

The High Court ordered specific performance under a share-sale agreement, rejecting arguments that non-payment ended the contract or required arbitration first.

  • Specific Performance
  • Breach Of Contract
  • Contract Variation
  • Arbitration Clause
  • Attorney And Client Costs
  • Specific-performance
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Commercial And Corporate [2023] ZAECMKHC 92

Buntibiz (Pty) Ltd v Quest Retail Company (Pty) Ltd (1176/2021)

Buntibiz (Pty) Ltd v Quest Retail Company (Pty) Ltd (1176/2021) [2023] ZAECMKHC 92 (31 August 2023)

Court
Eastern Cape High Court, Makhanda
Case number
1176/2021
Judge
T.V. Norman

The High Court held that a refund-related tacit term could not be implied into a sale of business agreement and dismissed Buntibiz’s claim with costs.

  • Tacit Terms
  • Sale Of Business
  • Contract Variation
  • Business Efficacy
  • Restitution
  • Petroleum Products Act
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Commercial And Corporate [2023] ZAMPMBHC 29

Spatialize (Pty) Ltd v City of Mbombela Local Municipality (1936/2019)

Spatialize (Pty) Ltd v City of Mbombela Local Municipality (1936/2019) [2023] ZAMPMBHC 29 (15 May 2023)

Court
Mbombela High Court, Mpumalanga
Case number
1936/2019
Judge
B A Mashile

The High Court dismissed claims 8 to 14 arising from disputed contract variations, holding the addenda were not validly proved or signed and estoppel did not apply.

  • Contract Variation
  • Electronic Signature
  • Estoppel
  • Tender Dispute
  • Interpretation Of Contracts
  • Contract-variation
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Civil Procedure [2022] ZAGPPHC 926

Shopfitters Studio (Pty) v Ltd Dynamic Design Upholstery (Pty) Ltd (27419/2021)

Shopfitters Studio (Pty) v Ltd Dynamic Design Upholstery (Pty) Ltd (27419/2021) [2022] ZAGPPHC 926 (28 November 2022)

Court
North Gauteng High Court, Pretoria
Case number
27419/2021
Judge
E van der Schyff

The High Court dismissed an exception to particulars of claim in a debt settlement dispute, holding that the pleaded facts were sufficient to sustain a cause of action.

  • Exception Procedure
  • Contract Variation
  • Suspensive Condition
  • Acceleration Clause
  • Exception-procedure
  • Contract-variation
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Commercial And Corporate [2022] ZASCA 68

Tee Que Trading Services (Pty) Ltd v Oracle Corporation South Africa (Pty) Ltd and Another (065/2021)

Tee Que Trading Services (Pty) Ltd v Oracle Corporation South Africa (Pty) Ltd and Another (065/2021) [2022] ZASCA 68 (17 May 2022)

Court
Supreme Court of Appeal
Case number
065/2021
Judges
Dambuza, Mocumie, Dlodlo, Meyer, Smith

The Supreme Court of Appeal held that later Oracle network agreements did not displace earlier arbitration and governing-law clauses in the licence agreements.

  • Arbitration Clause
  • Governing Law Clause
  • Stay Of Proceedings
  • International Arbitration
  • Contract Variation
  • Arbitration-clause
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.