South Africa Case Law

City of Cape Town v Cell C Limited and Others (20689/2018)

City of Cape Town v Cell C Limited and Others (20689/2018) [2025] ZAWCHC 246 (10 June 2025)

Court

Western Cape High Court, Cape Town

Case number

20689/2018

Judge

Slingers

The court found that the plaintiff had sufficient knowledge of the facts necessary to institute its claim against the first defendant on 18 November 2015, as its pleaded case was based on strict liability and did not depend on identifying the specific wrongdoer. The plaintiff could have acquired the requisite knowledge to institute proceedings against the second defendant by making reasonable inquiries at the time of the incident. The failure to make basic inquiries constituted a lack of reasonable care, and the plaintiff is deemed to have had constructive knowledge of the facts from the date…

Source excerpt

• Prescription Act
• Strict Liability
• Constructive Knowledge
• Vicarious Liability
• Contractual Claim
• Reasonable Care

Mashaba v Macdonald (JS177/23)

Mashaba v Macdonald (JS177/23) [2025] ZALCJHB 260 (7 May 2025)

Court

Labour Court Johannesburg

Case number

JS177/23

Judge

M T M Phehane

The Labour Court dismissed a default judgment application for contractual employment benefits, finding the claim had prescribed under the Prescription Act.

• Contractual Claim
• Prescription
• Default Judgment
• Basic Conditions Of Employment
• Labour-law
• Civil-procedure

Fynn and Another v Subhash Maharaj and Company and Others (D4595/2024)

Fynn and Another v Subhash Maharaj and Company and Others (D4595/2024) [2025] ZAKZDHC 17 (5 May 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D4595/2024

Judge

Shapiro AJ

Application for refund of a deposit after cancellation of a land-sale agreement dismissed on prescription and on disputed facts in motion proceedings.

• Prescription Act
• Alienation Of Land Act
• Contractual Claim
• Deposit Refund
• Motion Proceedings
• Statutory Bar

Public Servants Association of South Africa obo Members v South African Revenue Services (JS362/2022)

Public Servants Association of South Africa obo Members v South African Revenue Services (JS362/2022) [2025] ZALCJHB 146 (2 April 2025)

Court

Labour Court Johannesburg

Case number

JS362/2022

Judge

G.C. Phakedi

The Labour Court dismissed special pleas of res judicata, lis alibi pendens, issue estoppel and arbitration in a leave-encashment contract dispute.

• Collective Agreement
• Contractual Claim
• Res Judicata
• Lis Alibi Pendens
• Issue Estoppel
• Arbitration Clause

Potgieter v Samancor Chrome Limited ta Tubatse Ferrochrome (JA91/22)

Potgieter v Samancor Chrome Limited ta Tubatse Ferrochrome (JA91/22) [2025] ZALAC 15; [2025] 5 BLLR 483 (LAC); (2025) 46 ILJ 1708 (LAC) (10 March 2025)

Court

Labour Appeal Court

Case number

JA91/22

Judges

Molahlehi, Smith, Malindi

The Labour Appeal Court held that arrear-wage claims after reinstatement became due on actual reinstatement, and the appellant’s proceedings interrupted prescription.

• Prescription Act
• Arrear Wages
• Reinstatement
• Special Plea
• Judgment Debt
• Contractual Claim

Macwecwe v Road Accident Fund (A250/2023)

Macwecwe v Road Accident Fund (A250/2023) [2024] ZAGPPHC 1345 (11 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

A250/2023

Judges

Swanepoel, Hassim, Mohlala

The High Court upheld an appeal against a default judgment dismissal, holding that prescription could not be raised mero motu and the alternative claims required factual determination.

• Prescription Act
• Road Accident Fund Act
• Default Judgment
• Contractual Claim
• Delictual Claim
• Prescription

Winners of Success Trading 7 CC v Jehovah Jireh Orphanage Home and Another (5394/2022)

Winners of Success Trading 7 CC v Jehovah Jireh Orphanage Home and Another (5394/2022) [2024] ZAFSHC 387 (27 November 2024)

Court

Free State High Court, Bloemfontein

Case number

5394/2022

Judge

Van Zyl

The court dismissed a contractor’s claim for payment on an orphanage project, finding no prima facie proof of certification, invoicing, or the claimed quantum.

• Specific Performance
• Contractual Claim
• Quantum Of Damages
• Prima Facie Proof
• Specific-performance
• Construction-contract-dispute

JG Afrika (Pty) Limited v Intsika Yethu Municipality (380/2023)

JG Afrika (Pty) Limited v Intsika Yethu Municipality (380/2023) [2024] ZAECMKHC 36 (19 March 2024)

Court

Eastern Cape High Court, Makhanda

Case number

380/2023

Judge

Rugunanan

The High Court dismissed an exception to particulars of claim in a municipal engineering-services dispute, holding the pleadings disclosed a cause of action.

• Exception To Particulars Of Claim
• Cause Of Action
• Contractual Claim
• Municipal Tender Process
• Exception-to-particulars-of-claim
• Cause-of-action

Masisi v Afgri Poultry (Pty) Ltd t/a Daybreak Farms (J07/2024)

Masisi v Afgri Poultry (Pty) Ltd t/a Daybreak Farms (J07/2024) [2024] ZALCJHB 2 (5 January 2024)

Court

Labour Court Johannesburg

Case number

J07/2024

Judge

M Makhura

Urgent application to interdict a disciplinary process was dismissed as moot after the applicant was summarily dismissed.

• Disciplinary Procedure
• Contractual Claim
• Urgent Interdict
• Summary Dismissal
• Labour-law
• Disciplinary-procedure

Legogo It And Projects CC v City Of Johannesburg Metropolitan Municipality (2022/011010)

Legogo It And Projects CC v City Of Johannesburg Metropolitan Municipality (2022/011010) [2023] ZAGPJHC 200 (5 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/011010

Judge

I Opperman

The court found that the plaintiff's particulars of claim are not vague and embarrassing. The parties to the agreement are clearly identified, and any ambiguity is a minor typographical error clarified by the agreement itself. The material terms of the contract are adequately pleaded, and the relevant clauses are referenced or can be identified from the annexed agreement. The services rendered and payment terms are sufficiently set out, and any further detail required can be obtained through trial particulars. The court held that no prejudice arises from the alleged vagueness, and the test fo…

Source excerpt

• Vague And Embarrassing Pleading
• Contractual Claim
• Exception Procedure
• Material Terms Of Contract