South Africa Case Law

Lester Connock Commemoration Fund v Brough Capital (Pty) Ltd and Another (28646/2020)

Lester Connock Commemoration Fund v Brough Capital (Pty) Ltd and Another (28646/2020) [2023] ZAGPJHC 1329; 2024 (2) SA 486 (GJ) (16 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

28646/2020

Judge

MA Makume

The court found that Brough Capital and Mr Chris Botha, as financial service providers, owed a duty of care to the plaintiff to verify withdrawal instructions and bank account changes, especially in light of the prevalence of business email compromise and the unusual withdrawal patterns. The defendants' reliance on Momentum for verification was rejected, as there was no contractual nexus between the plaintiff and Momentum, and the mandate imposed the duty on the defendants. The indemnity clause did not exempt the defendants from liability for gross negligence, which was established by their f…

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• Business Email Compromise
• Gross Negligence
• Financial Services Provider Duties
• Contractual Indemnity
• Cybercrime Liability
• Fiduciary Duty

Du Toit v Farm Film Productions (Pty) Ltd and Another (14900/2020)

Du Toit v Farm Film Productions (Pty) Ltd and Another (14900/2020) [2023] ZAWCHC 265 (26 October 2023)

Court

Western Cape High Court, Cape Town

Case number

14900/2020

Judge

N.E Ralarala

The High Court upheld the RAF’s exception after finding the stunt-vehicle claim did not satisfy section 17(1)(a) of the RAF Act or plead wrongfulness in delict.

• Road Accident Fund Act
• Exception Procedure
• Wrongfulness Element
• Contractual Indemnity
• Jurisdictional Requirements
• Personal Injury

Van Eeden v Eezi Move Furniture Removals (Pty) Ltd (NCT/260892/2023/75(1)(b))

Van Eeden v Eezi Move Furniture Removals (Pty) Ltd (NCT/260892/2023/75(1)(b)) [2023] ZANCT 47 (5 October 2023)

Court

National Consumer Tribunal

Case number

NCT/260892/2023/75(1)(b)

Judges

C Sassman, P Manzi-Ntshingila, A Potwana

The Tribunal held that a furniture removal supplier breached its CPA duties when it damaged the consumer’s property and returned it below expected standards.

• Consumer Protection Act
• Quality Of Service
• Contractual Indemnity
• Damages
• Prohibited Conduct
• Consumer-protection-act

Damal Trading (Pty) Ltd and Others v Transaction Capital Payment Solutions (Pty) Ltd (2020/17363)

Damal Trading (Pty) Ltd and Others v Transaction Capital Payment Solutions (Pty) Ltd (2020/17363) [2023] ZAGPJHC 89 (3 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2020/17363

Judge

Dlamini

The High Court ordered payment of R1,849,104.59 under NAEDO service agreements, rejecting the respondent’s reliance on a pending class action.

• Contractual Indemnity
• Service Agreement
• Money Judgment
• Termination Of Contract
• Contractual-indemnity
• Service-agreement

Cornerstone Logistics (Pty) Ltd and Another v Zacpak Cape Town Depot (Pty) Ltd (879/2020)

Cornerstone Logistics (Pty) Ltd and Another v Zacpak Cape Town Depot (Pty) Ltd (879/2020) [2022] ZASCA 12; [2022] 2 All SA 13 (SCA) (25 January 2022)

Court

Supreme Court of Appeal

Case number

879/2020

Judges

Zondi, Gorven, Mothle, Smith, Phatshoane

The court found that Cornerstone, through its agent, gave express instructions to Zacpak for the release of goods to Bridge Shipping, as evidenced by emails and payment of related invoices. Zacpak's liability to SARS did not arise from its own fault but from the submission of forged documents by third parties, with no evidence of Zacpak's complicity. The indemnity clauses covered all liability arising from compliance with Cornerstone's instructions, and the suretyship clause was not limited to storage charges but extended to all amounts due under the contract, including SARS claims. The parol…

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• Contractual Indemnity
• Suretyship Liability
• Customs And Excise Act
• Interpretation Of Contracts
• Urgency In Motion Proceedings

Thibault Square Financial Services (Pty) Ltd v Lancaster 102 (Pty) Ltd and Others (7464/2021)

Thibault Square Financial Services (Pty) Ltd v Lancaster 102 (Pty) Ltd and Others (7464/2021) [2021] ZAWCHC 272 (1 December 2021)

Court

Western Cape High Court, Cape Town

Case number

7464/2021

Judge

Francis

The High Court refused to set aside or stay an arbitration over the Unwind Agreement, finding Thibault had not shown good cause under section 3(2).

• Arbitration Agreement
• Stay Of Arbitration
• Good Cause
• Contractual Indemnity
• Joinder Of Parties
• Arbitration

Bantho v Alexander Forbes Insurance Co. Ltd (65494/12)

Bantho v Alexander Forbes Insurance Co. Ltd (65494/12) [2019] ZAGPPHC 524 (9 October 2019)

Court

North Gauteng High Court, Pretoria

Case number

65494/12

Judge

Mabuse

The High Court held that the plaintiff was driving under the influence when the accident occurred, so the insurer could rely on the policy exclusion and dismiss the claim.

• Insurance Policy Exception
• Driving Under Influence
• Burden Of Proof
• Blood Alcohol Testing
• Contractual Indemnity
• Insurance-policy-exception

M J Repapis Enterprises CC t/a Inyama Rama Butchery v Red Alert (Pty) Ltd (1879/2014)

M J Repapis Enterprises CC t/a Inyama Rama Butchery v Red Alert (Pty) Ltd (1879/2014) [2018] ZAECGHC 42 (24 May 2018)

Court

Eastern Cape High Court, Grahamstown

Case number

1879/2014

Judge

J.D. Pickering

The court found that the defendant breached its contractual obligations by failing to contact the second keyholder, Mr. Repapis, after being unable to reach the first, Mr. Sijadu, following an alarm activation. The evidence established that defendant's employees were aware of the contractual requirement and that all alarms were to be treated as emergencies. The defendant's omission constituted negligence and a breach of contract, which caused the plaintiff's loss. The court held that the indemnity clause (clause 4.2.2) did not exclude liability for negligence, and that the contradictory blank…

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• Security Service Contract
• Contractual Indemnity
• Negligence
• Contra Proferentem
• Breach Of Contract

Langa-Royds v Nedbank Ltd (42547/2015)

Langa-Royds v Nedbank Ltd (42547/2015) [2017] ZAGPJHC 426 (9 November 2017)

Court

South Gauteng High Court, Johannesburg

Case number

42547/2015

Judge

Wepener

The court found that the plaintiff herself relied on fraudulent information and instructed the bank to make payments into the fraudulent account. The bank followed its standard security procedures, confirmed the instructions with the plaintiff, and acted in accordance with her directions. There was no evidence that the bank was negligent or grossly negligent in executing the payments. The indemnity clause in the agreement between the parties expressly excluded the bank's liability for losses resulting from instructions given by the plaintiff, including those based on incorrect information. Th…

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• Bank Liability For Fraudulent Instructions
• Negligence
• Contractual Indemnity
• Loss Recovery

Chemalum (Pty) Limited v Servest (Pty) Limited t/a Gremick Security (14348/2009)

Chemalum (Pty) Limited v Servest (Pty) Limited t/a Gremick Security (14348/2009) [2016] ZAKZDHC 50 (9 November 2016)

Court

Kwazulu-Natal High Court, Durban

Case number

14348/2009

Judge

Olsen

High Court breach-of-contract claim over security services and theft from a storeroom, with liability found against the defendant but quantum reserved.

• Breach Of Contract
• Security Services Liability
• Negligence
• Risk Of Loss
• Contractual Indemnity
• Breach-of-contract