South Africa Case Law

Rentworks Africa (Pty) Ltd v Limpopo Provincial Government Department of Safety, Security and Liaison (732/2012)

Rentworks Africa (Pty) Ltd v Limpopo Provincial Government Department of Safety, Security and Liaison (732/2012) [2025] ZALMPPHC 59 (26 March 2025)

Court

Limpopo High Court, Polokwane

Case number

732/2012

Judge

M.A. Mphahlele

The High Court held the department liable for unpaid equipment rental under a master agreement, finding valid authority, automatic renewal, and costs on attorney-client scale.

• Equipment Rental Agreement
• Contractual Authority
• Automatic Renewal Clause
• Specific Performance
• Costs On Attorney And Client Scale
• Equipment-rental-agreement

Park Motors Welkom (Pty) Limited v Montana General Trading 196 CC (2376/2021)

Park Motors Welkom (Pty) Limited v Montana General Trading 196 CC (2376/2021) [2024] ZAFSHC 102 (4 April 2024)

Court

Free State High Court, Bloemfontein

Case number

2376/2021

Judge

Loubser

The court held the defendant liable under the implied warranty against eviction after a stolen Isuzu was seized by police, and ordered repayment of R516,779.

• Implied Warranty Against Eviction
• Sale Of Goods
• Estoppel
• Damages
• Contractual Authority
• Implied-warranty-against-eviction

Traditional Council of the Bapo Ba Mogale Traditional Community v Connect Com Project Management CC (44188/2020)

Traditional Council of the Bapo Ba Mogale Traditional Community v Connect Com Project Management CC (44188/2020) [2021] ZAGPPHC 349 (28 May 2021)

Court

North Gauteng High Court, Pretoria

Case number

44188/2020

Judge

Janse Van Nieuwenhuizen

High Court rescission matter: default judgment was rescinded after the applicant showed a reasonable explanation for its default and a bona fide defence.

• Rescission Of Judgment
• Condonation
• Default Judgment
• Contractual Authority
• Public Procurement
• Administrative Action

Quebec Electrical Contractors CC v Thumos Properties 1 (Pty) Ltd (29072/2013)

Quebec Electrical Contractors CC v Thumos Properties 1 (Pty) Ltd (29072/2013) [2017] ZAGPPHC 1164 (7 November 2017)

Court

North Gauteng High Court, Pretoria

Case number

29072/2013

Judge

E M Kubushi

The court found, on a balance of probabilities, that a binding agreement was concluded between Quebec Electrical Contractors CC and Thumos Properties 1 (Pty) Ltd for the electrical works at The Villa Mall. The evidence established that the tender process, appointment letters, and certified invoices were all conducted with the knowledge and approval of Mr Kyriacou, the sole director of Capicol 1. The court rejected the defendant's denial of authority, finding that McLachlan and/or Osglo acted with actual or apparent authority, and that Capicol 1's conduct estopped it from denying such authorit…

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• Contractual Authority
• Estoppel
• Ratification
• Specific Performance
• Attorney And Client Costs

Kythera Court v Le Rendez-Vous Cafe CC and Another (2016/11853)

Kythera Court v Le Rendez-Vous Cafe CC and Another (2016/11853) [2016] ZAGPJHC 172; 2016 (6) SA 63 (GJ) (22 June 2016)

Court

South Gauteng High Court, Johannesburg

Case number

2016/11853

Judge

Boruchowitz

High Court eviction case during business rescue: the court held that the moratorium did not bar eviction after valid lease cancellation and ordered urgent eviction.

• Business Rescue Moratorium
• Eviction
• Lease Cancellation
• Enrichment Lien
• Contractual Authority
• Set Off And Damages

Eagle Canyon Homeowners Association v Blakes Maphanga Incorporated (2013/02686)

Eagle Canyon Homeowners Association v Blakes Maphanga Incorporated (2013/02686) [2016] ZAGPJHC 282 (24 May 2016)

Court

South Gauteng High Court, Johannesburg

Case number

2013/02686

Judge

S Weiner

The court found that the plaintiff's articles of association and builder's code do not expressly confer the power to impose penalty levies for failure to complete a dwelling within the specified time. Clauses cited by the plaintiff refer generally to levies, fines, and rules for the advancement of members' interests, but do not specifically authorize penalties for late construction. The court held that powers not expressly provided in the constitution cannot be exercised by resolution at a general meeting. The precedent in Kenrock Homeowners Association v Allsop was applied, confirming that n…

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• Homeowners Association Powers
• Title Deed Conditions
• Penalty Levies
• Contractual Authority

Nale v North West Development Corporation and Another (J2532/15)

Nale v North West Development Corporation and Another (J2532/15) [2016] ZALCJHB 40; (2016) 37 ILJ 2277 (LAC) (12 January 2016)

Court

Labour Court Johannesburg

Case number

J2532/15

Judge

Steenkamp

The court found the application lacked urgency, as the applicant suffered no prejudice while suspended on full pay and the disciplinary hearing was imminent. On the merits, the Board had statutory authority to suspend the applicant, and the requirements for procedural fairness were satisfied. The applicant had alternative remedies under the Labour Relations Act and CCMA, making a declaratory order inappropriate. Direct constitutional relief was not available, as the right to fair labour practices is codified in the Labour Relations Act. The application was struck from the roll for lack of urg…

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• Precautionary Suspension
• Unfair Labour Practice
• Contractual Authority
• Procedural Fairness
• Constitutional Rights
• Alternative Remedies

Novartis v Maphil (20229/2014)

Novartis v Maphil (20229/2014) [2015] ZASCA 111; 2016 (1) SA 518 (SCA); [2015] 4 All SA 417 (SCA) (3 September 2015)

Court

Supreme Court of Appeal

Case number

20229/2014

Judges

Lewis, Majiedt, Pillay, Zondi, Mathopo

The Supreme Court of Appeal found that a binding contract was concluded between Novartis and Maphil (formerly Hiline) by 30 November 2004, comprising a written marketing agreement, oral undertakings, and email exchanges. The parties intended to be bound, performed their obligations, and finalized marketing activities as contemplated. The court rejected Novartis's argument that the contract was inchoate or unenforceable, holding that the absence of perfect clarity or formality did not negate contractual force. The representatives of Novartis had actual authority to bind the company, and the co…

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• Contractual Authority
• Repudiation
• Enforceability Of Partly Written Partly Oral Contracts
• Contractual Interpretation
• Damages For Breach Of Contract

Powercem Trading And Manufacturing (Pty) Ltd T/A Powercem SA v Thobakgale N.O (1391/2012)

Powercem Trading And Manufacturing (Pty) Ltd T/A Powercem SA v Thobakgale N.O (1391/2012) [2014] ZANWHC 48 (11 September 2014)

Court

North West High Court, Mafikeng

Case number

1391/2012

Judge

GUTTA

The court dismissed Powercem’s claim against the North West Department, finding no binding contract or approved cession because DPW’s written approval was never obtained.

• Contractual Authority
• Cession Agreement
• Subcontractor Liability
• Prima Facie Case
• Special Plea Prescription
• Cession-agreement

Absa Bank Ltd v Investment Property 42 (Pty) Ltd and Others (458/2014)

Absa Bank Ltd v Investment Property 42 (Pty) Ltd and Others (458/2014) [2014] ZAGPPHC 228 (25 April 2014)

Court

North Gauteng High Court, Pretoria

Case number

458/2014

Judge

Mothle

The High Court dismissed ABSA Bank’s summary judgment application, finding the third defendant raised a bona fide defence and that disputed contractual authority required trial.

• Summary Judgment
• Suretyship
• Contractual Authority
• Pleading Requirements
• Summary-judgment
• Contract-pleading