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South Africa decisions
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Erasmus v Road Accident Fund (042035/22) [2025] ZAGPPHC 246 (12 March 2025)
The High Court held that the RAF’s refusal to preauthorise surgery was not reviewable and dismissed the application with no costs order.
J.W v B.T (2022/022689) [2025] ZAGPJHC 120 (17 February 2025)
The court found that the respondent's undertaking, given via his attorney, was contractually binding. Although the applicant sought a broader undertaking, the facts as a whole indicated acceptance of the original undertaking, particularly as no litigation was launched until the respondent breached it. The respondent's attempt to dissect the correspondence into discrete offers and counteroffers was rejected; the court applied an objective test and concluded that the respondent could not reasonably have believed he was free to defame the applicant after giving the undertaking. On the issue of q…
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Ragee v QC4 Properties (Pty) Ltd previously known as Protec Properties (Pty) Ltd (51/2019) [2020] ZANWHC 29 (30 April 2020)
High Court exception upheld in part where pleadings lacked a material averment for a land-transfer claim; other exception grounds were dismissed.
Bhagwandeen v Walter Sisulu University (1848/2013) [2016] ZAECGHC 125 (3 November 2016)
Clause 2.2.4 of the retrenchment agreement did not constitute an express or tacit acknowledgment of liability by the defendant in respect of the relevant claims. The clause was interpreted as a conditional undertaking to pay only such claims as the plaintiff might in future establish to be legitimate and legal, not as an admission of existing liability. Consequently, it did not interrupt the running of prescription under section 14(1) of the Prescription Act. Furthermore, the clause did not amount to a renunciation of prescription, as it did not promise to pay claims that had already prescrib…
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Factaprops 52 CC v Nedbank Limited (29142/2014) [2015] ZAGPJHC 156 (26 June 2015)
The High Court ordered Nedbank to honour its undertaking to pay outstanding rates and to proceed with obligations under a loan agreement for property transfer.
Birch t/a LF Birch & Son v Marqwe Produce (Pty) Ltd (17018/09) [2010] ZAGPPHC 304 (16 April 2010)
The court enforced a respondent’s undertaking to provide export and inspection documents about disputed ostrich meat, distinguishing the request from premature discovery.
Kadiega v North-West Housing Corporation (412/2001) [2005] ZANWHC 70; (2006) 27 ILJ 89 (NW) (29 September 2005)
The High Court held that the defendant’s letter was an undertaking, but the plaintiff failed to prove waiver of COIDA immunity. Absolution was granted with costs.
Van den Heerven v Boland Bank (A306/2004) [2005] ZAFSHC 106 (29 September 2005)
The Free State High Court dismissed an appeal about eviction warranty and a vehicle-value undertaking, finding no binding acceptance and no liability by the bank.
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