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South Africa decisions
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Rio Ridge 1121 (Pty) Ltd v Sydwell Shabangu Projects CC and Another (A367/2023) [2024] ZAGPPHC 1054 (30 October 2024)
The High Court held that a valid suretyship signed on the same day substantially fulfilled a suspensive condition, making the loan agreement binding.
Delpaul v Hollard Life Assurance Co Ltd (18301/2018) [2023] ZAGPJHC 745 (30 June 2023)
The High Court held that the insurance policy paid per event, not per group, and awarded the plaintiff the unpaid balance of the benefit amount plus interest and costs.
Petzer v Dixon (A07/2023) [2023] ZAWCHC 63 (24 March 2023)
The court found that the National Credit Act did not apply to the personal loan between the parties because they were not dealing at arm's length; the loan was a once-off transaction between friends, with no profit motive, and the respondent was not in the business of providing credit. The respondent was not required to register as a credit provider, as the total principal debt fell below the statutory threshold. The evidence showed that the parties always treated the personal loan and the business loans separately, and there was no common intention to include the personal loan in the sale of…
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Mustek Limited v Mutual and Federal Risk Financing (Pty) Ltd (2017/41419) [2019] ZAGPJHC 235 (29 July 2019)
The court found that the plaintiff failed to prove any mistake by the defendant in the drafting of the guarantee. The evidence demonstrated that the inclusion of the suspensive condition was a deliberate act by the defendant, motivated by the lack of payment of the premium and provision of collateral. There was no common and continuing intention to issue an unconditional guarantee at the time the contract was concluded. The facts and probabilities supported the defendant's position that the guarantee would only be effective upon fulfilment of the condition. Accordingly, the requirements for r…
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B F v R F (2017/5018A) [2018] ZAGPJHC 699; 2019 (4) SA 145 (GJ) (2 July 2018)
The majority held that clause 4 of the ante-nuptial contract, properly interpreted in light of section 4(1)(b)(ii) of the Matrimonial Property Act, excludes only those assets possessed by the husband at the commencement of the marriage. The text and structure of the clause, as well as the statutory scheme, do not permit the exclusion of assets acquired after marriage unless they are the fruits of the initial excluded assets and this is specifically alleged and proved. The majority found that the additional shares and increased loan account balances acquired during the marriage are subject to…
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South African Broadcasting Corporation (SOC) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR745/16) [2017] ZALCJHB 87 (8 March 2017)
The court held that the individual respondents were not employees of the applicant but independent contractors. The written contracts expressly defined the relationship as independent contracting, with payment per shift, freedom to refuse work, and the ability to contract with third parties. There was no direct supervision or control typical of employment, and the respondents were not integrated into the applicant's organization or entitled to employee benefits. Economic dependence alone was insufficient to establish employment. Section 200A did not apply as the respondents earned above the B…
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Universal Church of the Kingdom of God v Myeni and Others (DA 3/14) [2015] ZALAC 31; [2015] 9 BLLR 918 (LAC); (2015) 36 ILJ 2832 (LAC) (28 July 2015)
The Labour Appeal Court held that a church pastor was not an employee because no legally binding contract or employment arrangement existed, so the CCMA lacked jurisdiction.
Capricorn District Municipality v Mostuki (J2764/2013) [2014] ZALCJHB 147 (5 May 2014)
The Labour Court rectified a municipal employment contract to reflect a five-year fixed term, finding erroneous dates in the contract did not match the parties’ common intention.
Royal Hotel Riversdale (Pty) Ltd v Simon NO and Another (713/11) [2012] ZASCA 118 (18 September 2012)
The Supreme Court of Appeal interpreted a praedial servitude to protect parking for visitors to Portion B and held that a proposed building would infringe that right.
Van Wyk N.O and Others v Expo Liquor Limited (300/2007) [2007] ZANWHC 14 (30 March 2007)
The court held that the lease contained no renewal option and refused rectification. It granted eviction relief after the lease expired.
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