South Africa Case Law

Pick n Pay Retailers Proprietary Limited v Lakeside City Trading 226 Proprietary Limited t/a Pick n Pay Family Store Protea North (2025-056881)

Pick n Pay Retailers Proprietary Limited v Lakeside City Trading 226 Proprietary Limited t/a Pick n Pay Family Store Protea North (2025-056881) [2025] ZAGPPHC 505 (16 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025-056881

Judge

Roux AJ

Urgent application granted to perfect a general notarial covering bond over the respondent’s movable assets; the counterapplication for a stay was struck.

• Notarial Covering Bond
• Franchise Agreement Enforcement
• Urgent Interdict
• Specific Performance
• Contractual Variation
• Promotion Of Access To Information Act

Putco (Pty) Ltd v Head of Department of the Gauteng Department of Roads and Transport and Others (2024-116238)

Putco (Pty) Ltd v Head of Department of the Gauteng Department of Roads and Transport and Others (2024-116238) [2024] ZAGPPHC 1076 (30 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024-116238

Judge

E van der Schyff

The High Court granted PUTCO urgent interim relief preserving June 2023 transport contracts pending arbitration, citing prima facie contractual rights and irreparable harm.

• Public Transport Subsidy Contracts
• Interim Interdict
• Contractual Variation
• Public Finance Management Act
• Arbitration Pending
• Balance Of Convenience

Public Servants Association of South Africa and Others v Commission for Conciliation Mediation and Arbitration and Others (JR266/22)

Public Servants Association of South Africa and Others v Commission for Conciliation Mediation and Arbitration and Others (JR266/22) [2024] ZALCJHB 255; [2024] 10 BLLR 1087 (LC); (2024) 45 ILJ 2795 (LC) (8 July 2024)

Court

Labour Court Johannesburg

Case number

JR266/22

Judge

D Short

The court held that the termination of the 2006 Collective Agreement by SARS, after reasonable notice and consultation, resulted in the cessation of its terms in individual contracts of employment. The applicants acquiesced to the cancellation and the implementation of the new travel allowance policy, which was subject to SARS's discretion and could be amended or withdrawn. The phased withdrawal of the allowance over four years followed a fair consultative process, and the employer's reasons—fruitless expenditure, compliance with legislation, and operational equity—were bona fide and reasonab…

Source excerpt

• Collective Agreements
• Unfair Labour Practice
• Travel Allowance
• Contractual Variation
• Consultation Procedure

Madi Investments (Pty) Ltd v African Tanacity (Pty) Ltd and Another (2023/071165)

Madi Investments (Pty) Ltd v African Tanacity (Pty) Ltd and Another (2023/071165) [2024] ZAGPPHC 382 (19 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023/071165

Judge

Labuschagne

The High Court held that two loan claims were not displaced by a later MoU, and granted judgment for repayment, interest, and costs.

• Loan Agreement
• Memorandum Of Understanding
• Acknowledgement Of Debt
• Repudiation
• Contractual Variation
• Arbitration Clause

Hatch Africa (Pty) Ltd v Mabena N.O and Another (30266/22)

Hatch Africa (Pty) Ltd v Mabena N.O and Another (30266/22) [2023] ZAGPPHC 1973 (27 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

30266/22

Judge

Phooko AJ

High Court review of an AFSA arbitration award over a service-level agreement was upheld because the arbitrator exceeded his powers and committed gross irregularity.

• Arbitration Review
• Exceeding Powers
• Gross Irregularity
• Service Level Agreement
• Contractual Variation
• Demobilisation Costs

City of Cape Town v Ramm System (Pty) Ltd t/a Ramm Technologies and Another (11437/2022)

City of Cape Town v Ramm System (Pty) Ltd t/a Ramm Technologies and Another (11437/2022) [2023] ZAWCHC 197 (10 August 2023)

Court

Western Cape High Court, Cape Town

Case number

11437/2022

Judge

LekhULENI

The High Court held that the City’s tender award had expired, rendering the review and counter-application moot, and found the bid’s compliance statement materially departed from the specifications.

• Municipal Procurement
• Bid Responsiveness
• Self Review By State
• Contractual Variation
• Section 217 Constitution
• Municipal Finance Management Act

Engelbrecht N.O. and Others v Rivella Trading and Investments (Pty) Ltd (17892/20)

Engelbrecht N.O. and Others v Rivella Trading and Investments (Pty) Ltd (17892/20) [2021] ZAGPJHC 434 (19 August 2021)

Court

South Gauteng High Court, Johannesburg

Case number

17892/20

Judge

Windell

The High Court allowed an amendment, stayed a money claim, and referred a contract dispute to arbitration under a sales agreement’s arbitration clause.

• Arbitration Clause Enforcement
• Stay Of Proceedings
• Contractual Variation
• Electronic Communications
• Motion Proceedings
• Dispute Resolution

Business Partners Limited v Mmadi and Others (19/26939)

Business Partners Limited v Mmadi and Others (19/26939) [2020] ZAGPJHC 235 (8 October 2020)

Court

South Gauteng High Court, Johannesburg

Case number

19/26939

Judge

I Opperman

The High Court refused leave to appeal against summary judgment, finding no reasonable prospects of success, no proven compromise, and no bona fide defence.

• Summary Judgment
• Loan Agreement Enforcement
• Acceleration Clause
• Contractual Variation
• Compromise Defence
• Summary-judgment

Framatome v Eskom Holdings SOC Limited (43535/2019)

Framatome v Eskom Holdings SOC Limited (43535/2019) [2020] ZAGPJHC 233 (30 September 2020)

Court

South Gauteng High Court, Johannesburg

Case number

43535/2019

Judge

P Coppin

The High Court refused to enforce an adjudicator’s decision under an NEC3 construction contract, finding the adjudicator in decision 11 had exceeded his jurisdiction.

• Enforcement Of Adjudicator Decision
• Construction Contracts
• Jurisdiction Of Adjudicator
• Specific Performance
• Contractual Variation
• Adjudicator-jurisdiction

Framatome v Eskom Holdings SOC Limited (43535/2019)

Framatome v Eskom Holdings SOC Limited (43535/2019) [2020] ZAGPJHC 239; 2021 (2) SA 494 (GJ) (30 September 2020)

Court

South Gauteng High Court, Johannesburg

Case number

43535/2019

Judge

P Coppin

The court held that while the adjudicator's decision 7 was within jurisdiction and covered by the referral, decision 11 was not. The adjudicator in decision 11 answered a question not referred to him, thus exceeding his jurisdiction. The referral concerned the correctness of the project manager's assessment, not its timeliness. As a result, there is a clear and respectable case that decision 11 is invalid and unenforceable. The applicant's claims for payment and declaratory relief depend on the enforceability of decision 11, which the court declined to enforce pending arbitration. The court a…

Source excerpt

• Adjudicator Jurisdiction
• Enforcement Of Adjudicator Decision
• Construction Contracts
• Specific Performance
• Contractual Variation