South Africa Case Law

Nkwanyana and Another v Open Mic Productions (Pty) Ltd and Another (098393/2023)

Nkwanyana and Another v Open Mic Productions (Pty) Ltd and Another (098393/2023) [2025] ZAGPPHC 422 (9 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

098393/2023

Judge

G N Moshoana

The court held that the settlement agreement, including the joint venture clause, is valid and enforceable, having been made an order of court. The applicants' attempt to obtain a declaratory order freeing themselves from the joint venture obligation was rejected, as the clause does not constitute an unenforceable agreement to agree but rather sets out a binding obligation and a mechanism for implementation. The court found that the applicants failed to plead a proper case for mandamus or any form of interdict, and that motion proceedings were inappropriate for resolving the factual dispute r…

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• Settlement Agreement Enforcement
• Declaratory Relief
• Specific Performance
• Contempt Of Court
• Motion Proceedings
• Contractual Obligations

Vaal University of Technology v Peach (25805/2021)

Vaal University of Technology v Peach (25805/2021) [2025] ZAGPJHC 280 (14 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

25805/2021

Judge

E Dreyer

The High Court dismissed an exception to particulars of claim, holding that the pleadings disclosed a contractual money claim for specific performance.

• Exception To Particulars Of Claim
• Specific Performance
• Contractual Obligations
• Pleading Requirements
• Exception-to-particulars-of-claim
• Specific-performance

Midiro Civils and Construction CC and Another v Engineerex (Pty) Ltd and Another (HCAA03/2024 ; A5472/2018)

Midiro Civils and Construction CC and Another v Engineerex (Pty) Ltd and Another (HCAA03/2024 ; A5472/2018) [2025] ZALMPPHC 46 (14 March 2025)

Court

Limpopo High Court, Polokwane

Case number

HCAA03/2024 ; A5472/2018

Judges

Ngobeni, G. Muller, M. Makoti

The High Court overturned a refusal to compel an engineer to issue a payment certificate under a construction contract, holding the contract required certification within seven days.

• Specific Performance
• Construction Contracts
• Payment Certification
• Contractual Obligations
• Construction-contracts
• Payment-certification

Silverbird Property Development CC t/a Signet Terrace Shopping Centre v Khans Tyres and Exhaust CC t/a Super Wheel and Tyre (04863/2024)

Silverbird Property Development CC t/a Signet Terrace Shopping Centre v Khans Tyres and Exhaust CC t/a Super Wheel and Tyre (04863/2024) [2025] ZAGPJHC 303 (3 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

04863/2024

Judge

PJ Du Plessis

The High Court held that the landlord validly cancelled the lease for renovations, rejected the tenant’s renewal claim, and ordered eviction and costs.

• Commercial Eviction
• Lease Termination
• Renewal Clause Interpretation
• Contractual Obligations
• Attorney Own Client Costs
• Commercial-eviction

Schnellecke Logistics Parts and Accessories (Pty) Ltd v Schenker South Africa (Pty) Ltd and Others (2025/002629)

Schnellecke Logistics Parts and Accessories (Pty) Ltd v Schenker South Africa (Pty) Ltd and Others (2025/002629) [2025] ZALCJHB 83 (21 February 2025)

Court

Labour Court Johannesburg

Case number

2025/002629

Judge

M Makhura

The Court found that the warehousing and operations management services provided by the applicant at MBSA's Parts Logistics Centre constitute a discrete business, not merely a service contract. The business comprises the use of MBSA's premises, equipment, IT systems, and workforce, forming an economic entity. The continuity of the scope of work, the transfer of assets and infrastructure, and the contractual provisions anticipating a section 197 transfer support the conclusion that the business is being transferred as a going concern. Schenker's assertion that it will use its own methods and w…

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• Section 197 Transfer
• Outsourcing
• Transfer Of Business As Going Concern
• Employee Rights
• Contractual Obligations
• Costs Order

ABSA Bank Home Loans Guarantee Company (RF) (Proprietary Limited) and Another v Kamanga (EL 780/2024)

ABSA Bank Home Loans Guarantee Company (RF) (Proprietary Limited) and Another v Kamanga (EL 780/2024) [2025] ZAECELLC 3 (4 February 2025)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 780/2024

Judge

B Hartle

The High Court granted summary judgment to ABSA for R5.59 million, finding the defendant raised no bona fide defence to the mortgage debt.

• Summary Judgment
• Mortgage Enforcement
• National Credit Act
• Contractual Obligations
• Summary-judgment
• Mortgage-enforcement

Henque 3833 CC v Bailie N.O and Others (3340/2020)

Henque 3833 CC v Bailie N.O and Others (3340/2020) [2025] ZAMPMHC 17 (31 January 2025)

Court

Middelburg High Court, Mpumalanga

Case number

3340/2020

Judge

Langa

The High Court ordered transfer of property to Henque 3833 CC, finding the executor’s cancellation invalid and rejecting the defence that the buyer assumed rezoning duties.

• Transfer Of Property
• Spluma Certificate
• Contractual Obligations
• Municipal By Laws
• Rezoning Conditions
• Property-transfer

M.D.L v Liberty Group Limited (3387/2023)

M.D.L v Liberty Group Limited (3387/2023) [2024] ZAECQBHC 70 (19 November 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

3387/2023

Judge

Beshe

The court found that the respondent complied with Rule 17.6.3(a) of the Policyholder Protection Rules by providing the applicant with a detailed repudiation letter that set out the reasons for the decision in plain language. The applicant did not dispute the contents of the letter but rather questioned why the respondent did not access information from previous applications. The court held that the applicant was required to disclose all material facts during the new application process and that the respondent was under no obligation to search its records for prior disclosures unless specifica…

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• Long Term Insurance Act
• Policyholder Protection Rules
• Non Disclosure
• Repudiation Of Insurance Claim
• Contractual Obligations

Bella Rosa Three Home Owners Association v Brandt and Others (A39/2023)

Bella Rosa Three Home Owners Association v Brandt and Others (A39/2023) [2024] ZAWCHC 267 (6 September 2024)

Court

Western Cape High Court, Cape Town

Case number

A39/2023

Judges

Mangcu-Lockwood, Saldanha

The Court held that the CSOS adjudicator had jurisdiction to determine the dispute regarding building penalties, as the Act provides a broad dispute resolution mechanism for financial issues in community schemes, including penalties. The first respondent's application was not time-barred under section 41(1) because she did not seek an order declaring a decision void, but rather challenged the fairness and validity of the penalties. The appellant failed to afford the first respondent an opportunity to remedy the breach or make submissions, despite the constitution contemplating possible agreem…

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• Community Schemes Ombud Service Act
• Building Penalties
• Procedural Fairness
• Contractual Obligations
• Review Of Administrative Action
• Appeal On Question Of Law

Iteco (Pty) Ltd v Hartsenberg (122761/2023)

Iteco (Pty) Ltd v Hartsenberg (122761/2023) [2024] ZAGPPHC 899 (2 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

122761/2023

Judge

Khwinana ENB

The High Court granted urgent interim relief compelling access to the Cipher system and restrained interference, finding the matter urgent under Rule 6(12).

• Urgent Interdict
• Rule 6 12 Procedure
• Software Access Dispute
• Interim Relief
• Contractual Obligations
• Urgent-interdict