South Africa Case Law

Ekurhuleni Metropolitan Municipality v Business Connexion (Pty) Ltd (1186/2023)

Ekurhuleni Metropolitan Municipality v Business Connexion (Pty) Ltd (1186/2023) [2025] ZASCA 41 (10 April 2025)

Court

Supreme Court of Appeal

Case number

1186/2023

Judges

Nicholls, Smith, Keightley, Baartman, Modiba

The Supreme Court of Appeal struck a reconsideration application from the roll, holding that budget-driven inability to pay and alleged non-delivery did not show exceptional circumstances.

• Contractual Performance
• Software Licensing
• Exceptional Circumstances
• Section 17 2 F Superior Courts Act
• Contract-law
• Software-licensing

Maximum Profit Recovery (Pty) Ltd v Vaal Central Water Board (6120/2023)

Maximum Profit Recovery (Pty) Ltd v Vaal Central Water Board (6120/2023) [2024] ZAFSHC 362 (13 November 2024)

Court

Free State High Court, Bloemfontein

Case number

6120/2023

Judge

P.J. Loubser

The High Court dismissed an exception to particulars of claim, holding the pleadings disclosed a cause of action and that the vagueness complaint was not properly raised.

• Exception To Pleadings
• Cause Of Action
• Service Level Agreement
• Contractual Performance
• Payment Claim
• Exception-to-pleadings

Covec SA (Pty) Ltd v Afri-Devo (Pty) Ltd (34554/2018)

Covec SA (Pty) Ltd v Afri-Devo (Pty) Ltd (34554/2018) [2024] ZAGPPHC 664 (10 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

34554/2018

Judge

Potterill

The High Court refused Covec’s late trial-stage amendment of its replication, finding the proposed changes introduced new issues and would unfairly prejudice Afri-Devo.

• Amendment Of Pleadings
• Contractual Performance
• Reciprocity
• Waiver
• Nec3 Engineering And Construction Contract
• Amendment-of-pleadings

Fortein N.O. v Iprop Trading CC (A70/2023)

Fortein N.O. v Iprop Trading CC (A70/2023) [2024] ZAFSHC 170 (17 May 2024)

Court

Free State High Court, Bloemfontein

Case number

A70/2023

Judges

C. Van Zyl, N.M. Mbhele

The court held that payment into a fraudulent bank account, resulting from business email compromise, does not extinguish the purchaser's obligation to pay the seller. The duty to verify the correctness of banking details before making payment rests on the debtor, not the creditor. The respondent failed to take reasonable steps to confirm the banking details, acting at its own peril. The appellant was not proven to have owed a higher duty of care due to professional status, and the evidence did not establish that the contractual term requiring payment into the Standard Bank account was common…

Source excerpt

• Business Email Compromise
• Duty Of Care
• Payment Verification
• Cybercrime Liability
• Contractual Performance
• Negligence

Air Cycle Engineering CC v ATW Construction (Pty) Ltd (A211/2023)

Air Cycle Engineering CC v ATW Construction (Pty) Ltd (A211/2023) [2024] ZAGPPHC 425 (6 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

A211/2023

Judges

S.K. Hassim, H. Kooverjie

The court found that the plaintiff's affidavit in support of summary judgment did not comply with rule 14(2)(b) of the Magistrates' Court Rules, as it failed to identify any point of law relied upon and did not explain why the defence as pleaded did not raise any issue for trial. The defendant's plea and counterclaim, supported by annexed invoices and proof of payment, established that the work was incomplete and defective, thus raising triable issues. The court held that the defences were valid in law and sufficiently particularised, and that the plaintiff's own pleadings admitted incomplete…

Source excerpt

• Summary Judgment
• Locatio Conductio Operis
• Exceptio Non Adimpleti Contractus
• Contractual Performance
• Liquidated Claim
• Onus Of Proof

Ska Electric (Pty) Ltd v ABB South Africa (Pty) Ltd (2024-022778)

Ska Electric (Pty) Ltd v ABB South Africa (Pty) Ltd (2024-022778) [2024] ZAGPPHC 272 (25 March 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024-022778

Judge

S J Cowen

The High Court struck an urgent application off the roll, finding the applicant had not shown sufficient urgency and had imposed oppressive timeframes.

• Urgent Interdict
• Contractual Performance
• Self Created Urgency
• Urgent-application
• Self-created-urgency
• Civil-procedure

MEC: Free State Provincial Government: Department of Police, Roads and Transport v Sedtrade (Pty) Ltd (1845/2022)

MEC: Free State Provincial Government: Department of Police, Roads and Transport v Sedtrade (Pty) Ltd (1845/2022) [2023] ZAFSHC 243 (19 June 2023)

Court

Free State High Court, Bloemfontein

Case number

1845/2022

Judge

N.S. Daniso

The High Court rescinded a consent order against the Free State Department over roadworks payments, finding a bona fide defence and ordering attorney-and-client costs.

• Rescission Of Judgment
• Consent Order
• Iustus Error
• Contractual Performance
• Rescission-of-judgment
• Consent-order

Passenger Rail Agency of South Africa v Sinqobile Security Services CC

Passenger Rail Agency of South Africa v Sinqobile Security Services CC [2023] ZAGPPHC 198; 32833/2020 (14 March 2023)

Court

North Gauteng High Court, Pretoria

Case number

32833/2020

Judge

Makhoba

The High Court dismissed PRASA’s exception to amended particulars of claim, holding the exception was late and that the pleading disclosed a cause of action.

• Exception Procedure
• Cause Of Action
• Contractual Performance
• Rule 28 Amendment
• Punitive Costs
• Civil-procedure

Elegant Line Trading 257 CC v Member of the Executive Council for Transport - Eastern Cape (104/2022)

Elegant Line Trading 257 CC v Member of the Executive Council for Transport - Eastern Cape (104/2022) [2022] ZAECBHC 45 (14 December 2022)

Court

Eastern Cape High Court, Bhisho

Case number

104/2022

Judge

Rugunanan

The court dismissed a scholar-transport payment claim because the applicant’s founding affidavit did not properly prove or quantify the amounts sought.

• Motion Proceedings
• Founding Affidavit Requirements
• Quantification Of Claim
• Contractual Performance
• Motion-proceedings
• Founding-affidavit

Parameter Properties (Pty) Ltd t/a Aida Pretoria v Reed (A93/2020)

Parameter Properties (Pty) Ltd t/a Aida Pretoria v Reed (A93/2020) [2020] ZAGPPHC 751 (11 December 2020)

Court

North Gauteng High Court, Pretoria

Case number

A93/2020

Judges

MMD LENYAI, MJ TEFFO

The High Court held that Pretoria North had jurisdiction over an estate agent’s commission claim because payment was due where the contract was concluded.

• Magistrates Court Jurisdiction
• Contractual Performance
• Place Of Payment
• Specific Performance
• Magistrates-court-jurisdiction
• Contract-law