South Africa Case Law

Nedbank Limited v Ndawala and Others (2022/002174)

Nedbank Limited v Ndawala and Others (2022/002174) [2025] ZAGPJHC 732 (24 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/002174

Judge

JL Bhengu

The court found that the first respondent was indebted to the applicant under the home loan agreement, with arrears exceeding R977,923.49 and no credible payment arrangements made since August 2021. Statutory compliance with the National Credit Act was established. The respondent's claims regarding alternative means of satisfying the debt, such as shares and potential business funding, were unsupported by evidence and lacked credibility. The defences raised, including reckless lending and excessive interest, were contradicted by the respondent's own admissions and the terms of the loan agreem…

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• Execution Against Primary Residence
• National Credit Act Compliance
• Reserve Price Determination
• Judicial Oversight
• Foreclosure
• Contractual Enforcement

Rangel Logistics (Pty) Ltd v Unhu Aluminum (Pty) Ltd (2022/22946)

Rangel Logistics (Pty) Ltd v Unhu Aluminum (Pty) Ltd (2022/22946) [2024] ZAGPJHC 531 (31 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/22946

Judge

Lucas J van Tonder

The court found that the plaintiff's claim is based on an undisputed written contract, and clause 45 of the agreement expressly obliges the defendant to pay amounts claimed, even if disputed, with the right to seek repayment only after payment. The defendant did not challenge the enforceability or applicability of clause 45, nor did it raise any bona fide defence to the claim. The procedural delays caused by the defendant were unjustified and did not constitute grounds to refuse summary judgment. The court held that the 'pay now fight later' clause is enforceable and that summary judgment is…

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• Summary Judgment
• Contractual Enforcement
• Pay Now Fight Later Clause
• Delay In Proceedings

Meyerton Engineering (Pty) Ltd v Coertzen and Another (46985/2021)

Meyerton Engineering (Pty) Ltd v Coertzen and Another (46985/2021) [2021] ZAGPPHC 710 (19 October 2021)

Court

North Gauteng High Court, Pretoria

Case number

46985/2021

Judge

Maumela

The High Court enforced a restraint of trade against an employee but refused relief against the competitor, finding no sufficient basis for interdicting the second respondent.

• Restraint Of Trade
• Unlawful Competition
• Confidential Information
• Interdict
• Contractual Enforcement
• Restraint-of-trade

Clemlen Investments No. 10 (Pty) Ltd v Recycle Yourself (Pty) Ltd (1328/2017)

Clemlen Investments No. 10 (Pty) Ltd v Recycle Yourself (Pty) Ltd (1328/2017) [2017] ZAECPEHC 32 (13 June 2017)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1328/2017

Judge

NW Gqamana

The court found that the respondent breached clause 29 of the lease agreement by storing prohibited items in the front yard area, as evidenced by photographs submitted by the applicant. The respondent's argument that the containers were placed at the rear and only present for loading and off-loading was rejected based on the evidence. The court held that the applicant was entitled to enforce the lease by way of a final interdict, notwithstanding the availability of cancellation as an alternative remedy. The requirements for a final interdict were satisfied, and the application succeeded. On t…

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• Lease Agreement Breach
• Final Interdict
• Urgent Application Requirements
• Contractual Enforcement

Mmileng v Government Employees Pension Fund and Others (7397/16)

Mmileng v Government Employees Pension Fund and Others (7397/16) [2016] ZAGPPHC 1067 (15 December 2016)

Court

North Gauteng High Court, Pretoria

Case number

7397/16

Judge

A De Kok

The court held that the applicant proved earlier pensionable service and ordered the pension fund to pay benefits calculated from 13 January 1978.

• Pension Fund Entitlement
• Satisfactory Proof Of Membership
• Contractual Enforcement
• Administrative Action Definition
• Pension-fund-benefits
• Contract-enforcement

SAMWU obo Mathabela v Dr JS Moroka Local Municipality (J2242/10)

SAMWU obo Mathabela v Dr JS Moroka Local Municipality (J2242/10) [2011] ZALCJHB 195 (28 January 2011)

Court

Labour Court Johannesburg

Case number

J2242/10

Judge

Van Niekerk

The court held that the respondent is contractually bound to constitute the disciplinary enquiry in accordance with the individual applicant's contract of employment, which expressly incorporates the disciplinary code and procedure of the South African Local Government bargaining council. The respondent's appointment of practising legal practitioners as chairperson and prosecutor is a breach of these contractual terms, as the contract requires such appointments to be made from specified ranks excluding legal practitioners. The respondent's arguments regarding impossibility and jurisdiction we…

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• Disciplinary Code And Procedure
• Contractual Enforcement
• Collective Agreement Interpretation
• Suspension Of Employee

Manana v King Sabata Dalindyebo Municipality ([2011] 3 BLLR 215 (SCA) ; (2011) 32 ILJ 581 (SCA);

Manana v King Sabata Dalindyebo Municipality ([2011] 3 BLLR 215 (SCA) ; (2011) 32 ILJ 581 (SCA); [2011] 3 All SA 140 (SCA)) [2010] ZASCA 144; 345/09 (25 November 2010)

Court

Supreme Court of Appeal

Case number

345/09

Judges

MPATI, NUGENT, MHLANTLA

The Supreme Court of Appeal held that the municipal council's resolution appointing the appellant to the position of Manager: Legal Services was binding and enforceable until rescinded or set aside on review. Municipal officials, including the municipal manager, were not entitled to disregard the resolution based on their belief in its irregularity. The Constitution vests executive authority in the municipal council, and delegation to officials does not remove the council's power to act. The High Court had jurisdiction to enforce the appellant's contractual rights, notwithstanding the existen…

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• Municipal Employment
• Contractual Enforcement
• Jurisdiction Of High Court
• Delegation Of Powers