South Africa Case Law

Ellis Structural and Civil Engineers CC v Egan Property Group (Pty) Ltd (23229/2018)

Ellis Structural and Civil Engineers CC v Egan Property Group (Pty) Ltd (23229/2018) [2025] ZAGPPHC 671 (8 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

23229/2018

Judge

E M Kubushi

The court held that the debts under the written and oral agreements became due monthly as the plaintiff was entitled to issue invoices for services rendered. The power to issue invoices lay solely with the plaintiff, and its failure to do so could not delay the running of prescription. The last possible date for the debts to become due was July 2014, and prescription commenced running from August 2014. Summons was issued in April 2018, after the three-year prescription period had expired for all claims. The court found that the alleged interruptions of prescription in June 2015 and May 2016 d…

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• Prescription Act
• Contractual Debt
• Interruption Of Prescription
• Acknowledgement Of Liability
• Interpretation Of Contracts

Khuselani Security and Risk (Pty) Ltd v Mangaung Metropolitan Municipality (5560/2022)

Khuselani Security and Risk (Pty) Ltd v Mangaung Metropolitan Municipality (5560/2022) [2023] ZAFSHC 449 (15 November 2023)

Court

Free State High Court, Bloemfontein

Case number

5560/2022

Judge

Berry, AJ

The court found that a real and bona fide dispute of fact existed regarding whether the applicant rendered services in accordance with the contract, whether the claimed invoices had prescribed, and whether penalties could be levied. Applying the Plascon-Evans rule, the matter had to be determined on the respondent's version, which was not so untenable as to be rejected. The existence of unresolved factual disputes rendered the application unsuitable for determination on motion proceedings. Consequently, the application was dismissed with costs.

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• Contractual Debt
• Prescription
• Arbitration Clause
• Penalty Clause
• Motion Proceedings

Mathome Training Development (Pty) Ltd v Finsch Diamond Mine Training Center and Another (424/2019)

Mathome Training Development (Pty) Ltd v Finsch Diamond Mine Training Center and Another (424/2019) [2022] ZANCHC 8 (25 February 2022)

Court

Northern Cape High Court, Kimberley

Case number

424/2019

Judge

Williams

The High Court held that summons served at a chosen postbox domicilium interrupted prescription, and dismissed the special plea with costs.

• Prescription Act
• Service Of Process
• Breach Of Contract
• Domicilium Citandi
• Contractual Debt
• Prescription

Techmach Technology (Pty) Ltd v Grikwaland-Wes Korporatief Ltd (2950/2018)

Techmach Technology (Pty) Ltd v Grikwaland-Wes Korporatief Ltd (2950/2018) [2020] ZANCHC 55 (31 July 2020)

Court

Northern Cape High Court, Kimberley

Case number

2950/2018

Judge

Phatshoane

The High Court allowed an amendment changing the defendant’s citation, finding a misdescription rather than an impermissible substitution, and held prescription was interrupted.

• Amendment Of Pleadings
• Misdescription Of Party
• Prescription Interruption
• Contractual Debt
• Amendment-of-pleadings
• Misdescription-of-party

Real Global Business-Solutions v State Information Technology Agency (32647/2017)

Real Global Business-Solutions v State Information Technology Agency (32647/2017) [2020] ZAGPPHC 55 (10 February 2020)

Court

North Gauteng High Court, Pretoria

Case number

32647/2017

Judge

Kollapen

The court found that the plaintiff's claims for payment under the service level agreements became due 30 days after the submission of invoices and supporting documents, which occurred between 2009 and January 2013. The evidence did not support the plaintiff's assertion that the debt only became due after resubmission of documents in June 2014. The defendant's requests for additional or legible documents did not interrupt prescription, as the plaintiff had already complied with its obligations under the agreements. Consequently, the claims prescribed before summons was issued in May 2017, and…

Source excerpt

• Prescription Act
• Service Level Agreements
• Contractual Debt
• Running Of Prescription

Scally v Feltra (Pty) Ltd (272/2019)

Scally v Feltra (Pty) Ltd (272/2019) [2019] ZAKZPHC 36 (11 June 2019)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

272/2019

Judge

Gorven

Summary judgment was refused in a sale-agreement dispute because the respondent raised a triable prescription defence and part-payment issues needed trial evidence.

• Summary Judgment
• Prescription Act
• Mora Interest
• Contractual Debt
• Tacit Acknowledgement
• Summary-judgment

Mettle Development Finance One (Pty) Ltd v Calgro M3 Developments (Pty) Ltd (A5005/2014, 40945/2011)

Mettle Development Finance One (Pty) Ltd v Calgro M3 Developments (Pty) Ltd (A5005/2014, 40945/2011) [2015] ZAGPJHC 161 (6 July 2015)

Court

South Gauteng High Court, Johannesburg

Case number

A5005/2014, 40945/2011

Judges

C.G. Lamont, T.M. Masipa, M.P. Tsoka

The High Court held that prescription began when the debt became due, not when demand was later made, and upheld the appeal, dismissing the respondent’s claim.

• Prescription Act
• Cause Of Action
• Demand As Trigger
• Contractual Debt
• Commencement Of Prescription
• Prescription

Dracotas v Van Der Elst and Others (23870/2014)

Dracotas v Van Der Elst and Others (23870/2014) [2015] ZAGPJHC 67 (13 March 2015)

Court

South Gauteng High Court, Johannesburg

Case number

23870/2014

Judge

Windell

The court found that the directors of the fourth respondent are co-debtors for the company’s contractual debts in terms of section 53(b) of the Companies Act and the articles of association. The directors’ lack of knowledge of the agreement does not absolve them of liability. The judgment against the company did not constitute a novation extinguishing the original obligation but rather reinforced the enforceable right. The plea of res judicata could not be successfully raised by the directors, as they were not parties to the main proceedings and had no opportunity to participate. The director…

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• Director Liability
• Joint And Several Liability
• Contractual Debt
• Articles Of Association
• Res Judicata

Mc Welthagen Transport (Pty) Ltd v Pride Milling CO (Pty) Ltd (A765/2013)

Mc Welthagen Transport (Pty) Ltd v Pride Milling CO (Pty) Ltd (A765/2013) [2014] ZAGPPHC 292 (25 April 2014)

Court

North Gauteng High Court, Pretoria

Case number

A765/2013

Judges

MX Phatudi, CP Rabie

The court held that the appellant's claims for monthly payments arose from separate causes of action, each based on distinct services rendered at the respondent's request during different periods. The contractual arrangement provided for payment at the end of each month for services performed in that month, and each transaction established a separate debt. The magistrate's reliance on the payment method as determinative of the cause of action was a misdirection. Section 40 of the Magistrates Court Act prohibits splitting a single substantive claim to evade jurisdictional limits, but does not…

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• Splitting Of Claims
• Magistrates Court Jurisdiction
• Multiple Causes Of Action
• Contractual Debt
• Monthly Statements

Harmony Gold Mining Company Bpk v Xuma (2390/2011)

Harmony Gold Mining Company Bpk v Xuma (2390/2011) [2012] ZAFSHC 95 (10 May 2012)

Court

Free State High Court, Bloemfontein

Case number

2390/2011

Judges

Murray, Musi

The court held that the appellant's claim had not prescribed by the time summons was served. The contract required written demand and a five-day grace period before the debt became due and payable under the acceleration clause. The appellant made written demand on 8 October 2009, and the respondent failed to pay within the stipulated period. Prescription therefore commenced only after the expiry of the grace period following the written demand, not when the first payment was missed. The court found that the respondent's argument, relying on case law under the previous prescription legislation…

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• Extinctive Prescription
• Acceleration Clause
• Condonation
• Special Plea
• Contractual Debt
• Written Demand