South Africa Case Law

Calasca Trading 114 (Pty) Ltd and Another v Rhondo Industrial (Pty) Ltd and Another (026912/2022)

Calasca Trading 114 (Pty) Ltd and Another v Rhondo Industrial (Pty) Ltd and Another (026912/2022) [2025] ZAGPJHC 773 (13 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

026912/2022

Judge

S D J Wilson

The court found that the oral agreement reached in October 2021 and memorialised in the 4 November 2021 email was an agreement between Mr. Glen Fine and Mr. Berger personally to share equally any amount recovered from Mr. David Fine. The context, conduct of the parties, and the evidence presented demonstrated that the individuals did not distinguish between themselves and their companies in the operation of the joint venture. The money recovered from Mr. David Fine was paid into Mr. Berger's personal account, further supporting the conclusion that the agreement bound the individuals. The cour…

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• Joint Venture Dispute
• Contractual Interpretation
• Personal Liability
• Misjoinder
• Settlement Agreement

Solidarity obo Van Rensburg v Xone Control Room Management (Pty) Ltd (C69/2024)

Solidarity obo Van Rensburg v Xone Control Room Management (Pty) Ltd (C69/2024) [2025] ZALCCT 56 (22 July 2025)

Court

Labour Court Cape Town

Case number

C69/2024

Judge

R Lagrange

The court found that the extension agreement signed by Van Rensburg in August 2022 constituted a clear amendment to his employment contract, setting his retirement date as 30 September 2023 with no further extensions permitted. Clause 14.1 of his contract established that general policies applied unless overridden by a contractual provision, and the extension letter expressly overrode the retirement policy. The subsequent amendment to the retirement policy in March 2023 did not affect Van Rensburg, as his contract had already been amended to reflect a specific retirement date. The court held…

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• Automatically Unfair Dismissal
• Retirement Age
• Contractual Interpretation
• Labour Relations Act
• Employment Policy Override

City and Atlantic Real Estate CC t/a Remax Living v Smith and Others (Leave to Appeal) (2 July 2025) (7118/2023)

City and Atlantic Real Estate CC t/a Remax Living v Smith and Others (Leave to Appeal) (2 July 2025) (7118/2023) [2025] ZAWCHC 304 (2 July 2025)

Court

Western Cape High Court, Cape Town

Case number

7118/2023

Judge

Parker

The High Court refused leave to appeal, finding no reasonable prospects of success on issues about effective cause, the mandate, or costs.

• Leave To Appeal Threshold
• Estate Agent Commission
• Effective Cause Of Sale
• Contractual Interpretation
• Motion Proceedings
• Costs Order

Transnet SOC Limited v Gijima Holdings (Pty) Kimited (075722-2025)

Transnet SOC Limited v Gijima Holdings (Pty) Kimited (075722-2025) [2025] ZAGPPHC 690 (30 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

075722-2025

Judge

Minnaar

The court finds that the matter is not suitable for final determination on the papers due to extensive disputes of fact regarding the parties' respective obligations under the Master Services Agreement, the feasibility of disengagement, and the technical capacity of the applicant. The respondent's request for referral to oral evidence is justified. The application is postponed and referred for oral evidence to resolve the identified issues, including the applicability of the exceptio non adimpleti contractus and whether annexure FA12 constitutes an agreement. Costs are reserved pending the ou…

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• Specific Performance
• Contractual Interpretation
• Reciprocal Obligations
• Exceptio Non Adimpleti Contractus
• Urgent Interdict
• Discovery Procedure

Working on Fire v Minister of the Department of Forestry, Fisheries and Environment and Another (Leave to Appeal) (2023/112430)

Working on Fire v Minister of the Department of Forestry, Fisheries and Environment and Another (Leave to Appeal) (2023/112430) [2025] ZAGPPHC 638 (25 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023/112430

Judge

R Ramawele

The High Court granted leave to appeal in a VAT dispute, finding reasonable prospects of success on the interpretation of section 64(1) and invoice rectification.

• Leave To Appeal
• Value Added Tax
• Contractual Interpretation
• Rectification Of Invoice
• Leave-to-appeal
• Value-added-tax

Eskom Holding SOC Limited v Santam Limited and Another (2021/51709; 2023/104516)

Eskom Holding SOC Limited v Santam Limited and Another (2021/51709; 2023/104516) [2025] ZAGPJHC 725 (21 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2021/51709; 2023/104516

Judge

R. Strydom

The High Court granted separation of issues, directing that prescription, time bar, and invalid payment certificate special pleas be heard separately.

• Separation Of Issues
• Special Plea Prescription
• Special Plea Time Bar
• Invalid Payment Certificate
• Contractual Interpretation
• Separation-of-issues

Catalina Invstments (Pty) Ltd v Government Pension Administration Agency (A2024/084497)

Catalina Invstments (Pty) Ltd v Government Pension Administration Agency (A2024/084497) [2025] ZAGPJHC 565 (11 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A2024/084497

Judges

Reid, Cowen, Wilson

The High Court held that termination of Catalina’s panel membership did not repudiate the service level agreement, and dismissed the appeal with costs.

• Contractual Interpretation
• Repudiation
• Separation Of Issues
• Business Efficacy
• Costs Award
• Contractual-interpretation

MSG Marketing (Pty) Ltd v Firstrand National Bank (A2024/038898)

MSG Marketing (Pty) Ltd v Firstrand National Bank (A2024/038898) [2025] ZAGPJHC 547 (9 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A2024/038898

Judges

Wilson, Noko, Botsi-Thulare

The High Court held that FNB could retain MSG’s funds for 540 days after termination to cover potential Visa chargebacks and dismissed the appeal with costs.

• Merchant Service Agreements
• Chargeback Liability
• Contractual Interpretation
• Public Policy Exception
• Banking-law
• Merchant-service-agreements

Exxaro Coal Mpumalanga (Pty) Ltd v ABSA Bank Limited (2023/028000)

Exxaro Coal Mpumalanga (Pty) Ltd v ABSA Bank Limited (2023/028000) [2025] ZAGPJHC 499 (27 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/028000

Judge

S D J Wilson

The court found that ABSA was entitled to reject Exxaro's first demand, which was defective. However, the second demand was a separate act and required a distinct response. ABSA failed to reject the second demand within five days as required by the URDG, and thus was precluded from relying on any defects in that demand. The guarantee expired on 19 June 2020, and the second demand was made on that day, satisfying the requirement that the demand be received before expiry. The court rejected ABSA's argument that unconscionability was a valid defence, finding no unreasonable or excessive conduct…

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• Demand Guarantee
• Uniform Rules For Demand Guarantees
• Contractual Interpretation
• Issue Estoppel
• Unconscionability

African Heights (Pty) Ltd v Coega Development Corporation and Others (3466/2022)

African Heights (Pty) Ltd v Coega Development Corporation and Others (3466/2022) [2025] ZAECQBHC 14 (13 May 2025)

Court

Eastern Cape High Court, Gqeberha

Case number

3466/2022

Judge

J W Eksteen

The High Court dismissed an exception in a dispute over a cession agreement, holding that its interpretation could not be resolved on exception.

• Exception To Pleadings
• Cession Of Claims
• Contractual Interpretation
• Liquidation
• Subcontractor Liability
• Exception-to-pleadings