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South Africa decisions
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Isago Ka Lefika (Pty) Ltd v Sishen Iron Ore and Others (1416/2025) [2025] ZANCHC 67 (18 July 2025)
The High Court granted urgent interim interdictory relief and issued a rule nisi in contempt proceedings arising from alleged breach of a prior termination order.
Idwala Industrial Holdings Limited v Amserve Equipment (Pty) Limited (8475/2017) [2025] ZAGPJHC 83 (31 January 2025)
High Court contract dispute over an initial manufacturing agreement, take-or-pay terms, advance payments, and restitution after termination by effluxion of time.
First Class Fabrication (Pty) Ltd v Roads Agency Limpopo (Soc) Ltd and Another (12231/2024) [2025] ZALMPPHC 3 (27 January 2025)
Urgent spoliation application dismissed where a contractor failed to prove peaceful possession of a road construction site after its contract expired.
Petersen v Ethekwini Municipality (D310/2024) [2024] ZALCD 21 (21 June 2024)
The court found that the agreement to proceed with a s188A pre-dismissal arbitration was limited to the allegations of misconduct set out in the disciplinary notice and did not extend to the issue of the applicant's qualifications. The employer terminated the applicant's employment based on the non-fulfilment of a suspensive condition in his contract, not as a disciplinary sanction for misconduct. The applicant did not dispute the factual basis for the termination, and there was no evidence that the employer was obliged to treat the qualifications issue as misconduct or include it in the s188…
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LBMC Consulting (PTY) LTD v Minister of Public Works and Infrastructure and Another (28993/2020) [2023] ZAGPJHC 1334 (20 November 2023)
High Court dispute over a JBCC construction contract at Alberton Police Station. The court found the plaintiff’s suspension unjustified and dismissed its damages claim with costs.
Caterpillar Financial Services South Africa (Pty) Ltd v Azania Money Growth (Pty) Ltd (57254/2021) [2023] ZAGPJHC 1115 (8 September 2023)
The High Court granted rei vindicatio relief for Caterpillar units, rejected a claimed new agreement, and refused condonation for the respondent’s late affidavit.
Mobile Telephone Networks (Pty) Ltd and Others v CCI SA (Umhlanga) (Pty) Ltd and Others (JA 12/2023) [2023] ZALAC 10; (2023) 44 ILJ 1906 (LAC); [2023] 10 BLLR 1006 (LAC) (15 June 2023)
The Labour Appeal Court held that section 197 of the Labour Relations Act was not triggered by the termination of the contract between MTN and CCI. Although a discrete MTN business unit existed within CCI, there was no transfer of that business unit as a going concern to MTN, Ibridge, or Ison. The termination resulted only in a redistribution of call volumes among existing service providers, with no transfer of assets, operational capacity, or workforce retaining its identity. The facts did not support the Labour Court's finding that section 197 applied, as the essential elements of a transfe…
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Samex Consulting (Pty) Ltd v Department of Roads and Public Works: Northern Cape and Others (801/2023) [2023] ZANCHC 27 (15 June 2023)
The court dismissed Samex’s urgent s 18(3) application to enforce a contempt order pending appeal, finding no exceptional circumstances and unresolved factual disputes.
Mega Works Trading Enterprise 200 (Pty) Ltd and Another v Firstrand Bank Limited (CIV APP FB 23/22) [2023] ZANWHC 58 (23 May 2023)
Appeal in an overdraft-facility dispute upheld because the bank changed its case between the founding and replying affidavits.
Lead Engineering and Projects (Pty) Ltd v Swe Repco SA (Pty) Ltd and Others (16567/2022) [2023] ZAWCHC 77 (18 April 2023)
Urgent spoliation and lien relief was refused after the court found the contractor’s access was contract-based and lawfully ended under the subcontract.
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