South Africa Case Law

Tsontswane v Shahzaib Gondal Trading (Pty) Ltd and Others (6286/2024)

Tsontswane v Shahzaib Gondal Trading (Pty) Ltd and Others (6286/2024) [2025] ZANWHC 130 (1 August 2025)

Court

North West High Court, Mafikeng

Case number

6286/2024

Judge

LM Morgan

The application failed because the applicant did not plead or prove which clauses of the lease agreement were breached, nor did he set out the necessary facts substantiating his claims. The founding affidavit was vague and deficient, lacking the material facts required to sustain the cause of action. The applicant attempted to supplement his case through replying affidavits and heads of argument, which is impermissible. Relief against respondents who were not properly served or were not parties to the lease agreement was not competent. The applicant's conduct suggested an ulterior motive for…

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• Lease Cancellation
• Eviction
• Founding Affidavit Requirements
• Contractual Breach
• Specific Performance
• Sanctity Of Contracts

Amiss and Another v F E Industrial Supplies CC (002313/2024)

Amiss and Another v F E Industrial Supplies CC (002313/2024) [2025] ZAGPJHC 730 (21 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

002313/2024

Judge

Mahosi

The High Court refused summary judgment, finding the defendant’s affidavit disclosed a bona fide defence based on an alleged breach and counterclaim under a subcontractor agreement.

• Summary Judgment
• Contractual Breach
• Counterclaim
• Restraint Of Trade
• Liquidated Claim
• Summary-judgment

Skynet Warehousing (Pty) Ltd v Umnothowethu (27703/2020)

Skynet Warehousing (Pty) Ltd v Umnothowethu (27703/2020) [2025] ZAGPJHC 631 (23 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

27703/2020

Judge

Dlamini

The plaintiff discharged its onus by providing credible and corroborated evidence that it performed its obligations under the agreement, delivered the required services, and provided proof of delivery. The defendant failed to adduce any evidence to rebut the plaintiff's version or support its counterclaim, despite indicating it would call witnesses. Documentary evidence from the Gauteng Department of Education confirmed that all invoices submitted by the defendant were paid in full, undermining the defendant's assertion that non-payment by the GDE justified its refusal to pay the plaintiff. T…

Source excerpt

• Specific Performance
• Contractual Breach
• Counterclaim
• Onus Of Proof

Gao and Another v Louw N.O and Others (077838/25)

Gao and Another v Louw N.O and Others (077838/25) [2025] ZAGPPHC 623 (10 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

077838/25

Judge

Strijdom

The High Court dismissed an urgent bid to stop transfer of a property, finding no prima facie right, irreparable harm, or balance of convenience in the applicants’ favour.

• Interim Interdict
• Sale Of Immovable Property
• Contractual Breach
• Mora Ex Persona
• Transfer Of Property
• Interim-interdict

Blue House Investments (Pty) Ltd v Uys and Others (16 May 2025) (20261/2024)

Blue House Investments (Pty) Ltd v Uys and Others (16 May 2025) (20261/2024) [2025] ZAWCHC 205 (16 May 2025)

Court

Western Cape High Court, Cape Town

Case number

20261/2024

Judge

Slingers

The court granted relief allowing the applicant to perfect and register a pledged member’s interest after loan and pledge breaches, despite a later business rescue plan.

• Pledge And Cession
• Suretyship
• Business Rescue
• Declaratory Relief
• Contractual Breach
• Pledge-and-cession

Mashaba and Another v City of Tshwane Metropolitan Municipality (2024/041425)

Mashaba and Another v City of Tshwane Metropolitan Municipality (2024/041425) [2025] ZAGPPHC 401 (16 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024/041425

Judge

MM Mojapelo

The High Court held that the applicants’ fixed-term employment contracts expired after three months and did not create permanent employment rights.

• Fixed Term Employment Contract
• Declaratory Relief
• Jurisdiction Of High Court
• Contractual Breach
• Collective Agreement Interpretation
• Fixed-term-employment-contract

Monama and Another v First Rand Bank Limited (2025/043482)

Monama and Another v First Rand Bank Limited (2025/043482) [2025] ZAGPJHC 382 (8 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/043482

Judge

WJ du Plessis

Urgent application to stop repossession of a vehicle was struck off for lack of urgency. The court held the pending rescission did not suspend enforcement of the default judgment.

• Urgent Interdict
• Default Judgment
• Rescission Of Judgment
• Repossession
• Contractual Breach
• Urgent-interdict

Clemen Investments NO (Pty) Ltd v Ndzimela and Another (3431/2016)

Clemen Investments NO (Pty) Ltd v Ndzimela and Another (3431/2016) [2024] ZAECMKHC 147 (18 December 2024)

Court

Eastern Cape High Court, Makhanda

Case number

3431/2016

Judge

Noncembu

The High Court dismissed an application for absolution, finding a prima facie case against a surety and that the lease’s non-payment clause allowed cancellation without seven days’ notice.

• Suretyship
• Lease Agreement
• Absolution From Instance
• Contractual Breach
• Interpretation Of Contract
• Lease-agreements

Skynet Warehousing (Pty) Ltd v Umnothowethu (27703/2020)

Skynet Warehousing (Pty) Ltd v Umnothowethu (27703/2020) [2024] ZAGPJHC 1212 (27 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

27703/2020

Judge

Dlamini

The High Court ordered Umnothowethu to pay Skynet Warehousing R2,152,317.63, with interest, and dismissed Umnothowethu’s counterclaim with costs.

• Specific Performance
• Contractual Breach
• Counterclaim
• Onus Of Proof
• Specific-performance
• Contract-breach

Daisy on Call (Pty) Ltd v Codeswop (Pty) Ltd (NCT/302216/2023/75(1)(b))

Daisy on Call (Pty) Ltd v Codeswop (Pty) Ltd (NCT/302216/2023/75(1)(b)) [2024] ZANCT 58 (26 November 2024)

Court

National Consumer Tribunal

Case number

NCT/302216/2023/75(1)(b)

Judges

MC Peenze, Z Ntuli, CJ Ntsoane

The Tribunal held that the supplier breached the CPA by withholding a web and mobile application before inspection and demanding payment, and ordered a refund.

• Consumer Protection Act
• Special Order Agreement
• Refund Of Deposit
• Prohibited Conduct
• Contractual Breach
• Consumer-protection-act