South Africa Case Law

Moyo v Old Mutual Ltd and Others (34004/19)

Moyo v Old Mutual Ltd and Others (34004/19) [2022] ZAGPJHC 20; [2022] 4 BLLR 371 (GJ) (31 January 2022)

Court

South Gauteng High Court, Johannesburg

Case number

34004/19

Judge

Wright

The court found that Mr Moyo's suspension and termination were lawful and in accordance with the employment contract, which permitted termination on notice without fault. The evidence showed that Mr Moyo benefitted personally from the declaration of ordinary dividends by NMT Capital before preference dividends were paid to Old Mutual, in breach of the relevant agreements. The court held that Old Mutual was entitled to act as it did, and that Mr Moyo was not victimised for making protected disclosures, as there was no objectively reasonable basis for his whistleblowing claims. The alleged defa…

Source excerpt

• Employment Termination
• Protected Disclosure
• Conflict Of Interest
• Defamation
• Res Judicata
• Contractual Duties

City of Johannesburg v Democratic Municipal and Allied Workers Union of SA and Others (J1164/2019)

City of Johannesburg v Democratic Municipal and Allied Workers Union of SA and Others (J1164/2019) [2019] ZALCJHB 370; [2020] 6 BLLR 565 (LC); (2020) 41 ILJ 1959 (LC) (14 November 2019)

Court

Labour Court Johannesburg

Case number

J1164/2019

Judge

Van Niekerk

The court found that the individual respondents' refusal to respond to emergency call-outs constituted a strike as defined in section 213 of the LRA. The duties in question were contractual obligations central to their employment, and the refusal was concerted and causally linked to a grievance about working conditions. The respondents' justifications, including alleged regulatory breaches and safety concerns, did not negate the existence of a strike, as the applicant had implemented adequate security measures and the grievances related to terms and conditions of employment. As the employees…

Source excerpt

• Unprotected Strike
• Essential Services
• Interdict
• Contractual Duties
• Costs Order

Symons N.O and Another v Rob Roy Investments CC t/a Assetsure (4827/2013)

Symons N.O and Another v Rob Roy Investments CC t/a Assetsure (4827/2013) [2018] ZAKZPHC 71; 2019 (4) SA 112 (KZP) (10 December 2018)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

4827/2013

Judge

Ploos van Amstel

The court found that the plaintiffs, as sophisticated investors, were provided with all relevant documentation and risk warnings regarding the Sharemax investment. There was no evidence that the defendant misrepresented the investment as low risk or guaranteed, nor that he failed to exercise the requisite skill and diligence. The collapse of the Sharemax scheme was caused by the intervention of the Reserve Bank, an event not foreseeable by the defendant and not causally linked to any alleged breach. Even if there was a failure to explain certain risks, such failure was not the legal cause of…

Source excerpt

• Professional Negligence
• Financial Advice
• Causation
• Contractual Duties
• Property Syndication

PriceWaterhouseCoopers Inc and Others v National Potato Co-operative Ltd and Another (451/12)

PriceWaterhouseCoopers Inc and Others v National Potato Co-operative Ltd and Another (451/12) [2015] ZASCA 2; [2015] 2 All SA 403 (SCA) (4 March 2015)

Court

Supreme Court of Appeal

Case number

451/12

Judges

Wallis JA, Fourie AJA, Koen AJA

The Supreme Court of Appeal held that the auditor-client relationship was contractual, but NPC failed to prove breach, causation, or recoverable loss.

• Auditor Liability
• Contractual Duties
• Negligence
• Causation
• Expert Evidence
• Prescription

Trustee of the Lekoa Transport Trust represented by Vorster in his capacity as Trustee v Transport and Allied Workers Union and Others (J599/13)

Trustee of the Lekoa Transport Trust represented by Vorster in his capacity as Trustee v Transport and Allied Workers Union and Others (J599/13) [2013] ZALCJHB 90 (28 May 2013)

Court

Labour Court Johannesburg

Case number

J599/13

Judge

Molahlehi

The Labour Court confirmed an interdict after finding that drivers’ refusal to do special hire trips, coupled with a demand for extra pay, was an unprotected strike.

• Unprotected Strike
• Locus Standi
• Collective Agreement
• Contractual Duties
• Interdict
• Trustee Authority

Trustees of Lekoa Trust v TAWU and Others (J599/2013)

Trustees of Lekoa Trust v TAWU and Others (J599/2013) [2013] ZALCJHB 85 (26 March 2013)

Court

Labour Court Johannesburg

Case number

J599/2013

Judge

Gush

The Labour Court granted an urgent interim interdict declaring drivers’ refusal to do special hire trips an unprotected strike and restraining further action.

• Unprotected Strike
• Interim Interdict
• Collective Refusal To Work
• Contractual Duties
• Urgency In Labour Disputes
• Unprotected-strike

Fidelity Cash Managmement Service v Commissionf for Conciliation, Mediation and Arbitration and Others (DA 10/05)

Fidelity Cash Managmement Service v Commissionf for Conciliation, Mediation and Arbitration and Others (DA 10/05) [2007] ZALC 92 (5 December 2007)

Court

Labour Court

Case number

DA 10/05

Judges

Zondo JP, Jappie JA, Khampempe JA

Labour Appeal Court dismissed an appeal against a review award, holding the employer failed to prove the employee’s duty to ensure escort vehicles were present and that the polygraph refusal was unreasonable.

• Unfair Dismissal
• Contractual Duties
• Polygraph Testing
• Disciplinary Procedure
• Review Of Arbitration Award
• Unfair-dismissal

Botha v Coopers & Lybrand (514/00)

Botha v Coopers & Lybrand (514/00) [2002] ZASCA 47; 2002 (5) SA 347 (SCA) (21 May 2002)

Court

Supreme Court of Appeal

Case number

514/00

Judges

Hefer, Streicher, Brand

The Supreme Court of Appeal held that the appellant failed to prove a tacit term requiring his accountants to continually advise on DSR benefits.

• Implied Terms
• Professional Negligence
• Contractual Duties
• Burden Of Proof
• Implied-terms
• Contract-law

S M Goldstein & Co (Pty) Ltd. v Cathkin Park Hotel (Pty) Ltd and Another (513/98)

S M Goldstein & Co (Pty) Ltd. v Cathkin Park Hotel (Pty) Ltd and Another (513/98) [2000] ZASCA 37; 2000 (4) SA 1019 (SCA) ; [2000] 4 All SA 407 (A) (8 September 2000)

Court

Supreme Court of Appeal

Case number

513/98

Judges

Smalberger, Harms, Plewman

The Supreme Court of Appeal held a building contractor delictually liable for constructing a manifestly unsafe fireplace that ignited and damaged the hotel.

• Negligence
• Delictual Liability
• Building Regulations
• Contributory Negligence
• Contractual Duties
• Fire Safety

Theron, Van Der Poel, Brink, Roos v Simonsig Landgoed en 'n Ander (125/92)

Theron, Van Der Poel, Brink, Roos v Simonsig Landgoed en 'n Ander (125/92) [1994] ZASCA 22; 1994 (4) SA 204 (AD); (22 March 1994)

Court

Supreme Court of Appeal

Case number

125/92

Judges

Van Heerden, E M Grosskopf, Goldstone, Van Den Heever, Harms

Appeal in a professional negligence claim against accountants failed; the court held no audit or fraud-detection duty was proven and set aside damages.

• Professional Negligence
• Auditor Liability
• Contractual Duties
• Damages
• Internal Controls
• Professional-negligence