South Africa Case Law

Feltre Trust and Others v Middelvlei Tenacres Properties (Pty) Ltd and Others (2024/019326)

Feltre Trust and Others v Middelvlei Tenacres Properties (Pty) Ltd and Others (2024/019326) [2025] ZAGPJHC 549 (26 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/019326

Judge

Nigrini

The court found that the failure to attach the trustee resolution to the sale agreement or founding affidavit did not render the contract void, as the resolution was executed prior to the agreement and authority was not challenged until later. The agreement was validly concluded and cancelled, and the penalty clause invoked the Conventional Penalties Act, making proportionality a live issue. The referral to oral evidence on proportionality was within the court's discretion under Rule 6(5)(g) and did not violate the functus officio doctrine, as it was an interlocutory order. The respondents' c…

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• Alienation Of Land Act
• Conventional Penalties Act
• Contract Cancellation
• Authority Of Trustees
• Case Management
• Oral Evidence Referral

Buechel v South African Securitisation Programmed (RF) Ltd and Others (A 107/2024)

Buechel v South African Securitisation Programmed (RF) Ltd and Others (A 107/2024) [2025] ZAWCHC 92 (26 February 2025)

Court

Western Cape High Court, Cape Town

Case number

A107/2024

Judges

C M Fortuin, L G Nuku, D S Kusevitsky

Appeal against refusal of rescission failed. The majority held the appellant did not plead a bona fide fraud or penalties defence with sufficient primary facts.

• Rescission Of Judgment
• Guarantee Liability
• Conventional Penalties Act
• Default Judgment
• Acceleration Clause
• Mitigation Of Loss

Martens v Sapor Rentals (Pty) Limited (2022/017041)

Martens v Sapor Rentals (Pty) Limited (2022/017041) [2025] ZAGPJHC 182 (24 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/017041

Judge

Allen

The High Court dismissed an application to rescind a default judgment, finding no satisfactory explanation for the delay, wilful default, or prima facie defence.

• Rescission Of Judgment
• Wilful Default
• Conventional Penalties Act
• Guarantee Liability
• Liquidated Damages
• Rescission-of-judgment

Aposroliese Geloof Sending Van Suid Afrika v Chayah Investments (Pty) Ltd (2023/112776)

Aposroliese Geloof Sending Van Suid Afrika v Chayah Investments (Pty) Ltd (2023/112776) [2024] ZAGPJHC 673 (26 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/112776

Judge

S D J Wilson

The High Court granted ejectment against an occupier after a failed property sale, holding unresolved restitution issues did not bar eviction and no enrichment lien was shown.

• Alienation Of Land Act
• Ejectment
• Enrichment Lien
• Conventional Penalties Act
• Sale-of-land
• Restitution

Growthpoint Properties Limited v NMR Properties (2023/034930)

Growthpoint Properties Limited v NMR Properties (2023/034930) [2024] ZAGPJHC 503 (20 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/034930

Judge

TP Mudau

The High Court rescinded a default judgment in a commercial lease dispute, finding the applicants had shown a prima facie defence and should be allowed to defend.

• Rescission Of Judgment
• Default Judgment
• Commercial Lease
• Suretyship Liability
• Conventional Penalties Act
• Rescission-of-judgment

Braddon Mc Cleland (Pty) Ltd t/a Network Associates v Le Roux (CA61/2023)

Braddon Mc Cleland (Pty) Ltd t/a Network Associates v Le Roux (CA61/2023) [2024] ZAECMKHC 49 (7 May 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA61/2023

Judges

J W Eksteen, D O Potgieter

The High Court enforced a contractual penalty against a former employee who solicited a customer after joining a competitor, finding no basis to reduce it.

• Restraint Of Trade
• Contractual Penalty
• Conventional Penalties Act
• Customer Relationships
• Burden Of Proof
• Contractual-penalty

Something Different Concepts and Shows CC and Another v South African Securitisation Programme (RF) Ltd and Others (A200/2023)

Something Different Concepts and Shows CC and Another v South African Securitisation Programme (RF) Ltd and Others (A200/2023) [2024] ZAWCHC 103 (19 April 2024)

Court

Western Cape High Court, Cape Town

Case number

A200/2023

Judges

Lekhuleni JD, Erasmus N, Mangcu-Lockwood N

The court found that the second appellant raised triable issues in her amended plea and affidavit resisting summary judgment, specifically regarding the alleged concealment of the suretyship clause and the operation of the penalty clause under the Conventional Penalties Act. The second appellant's assertion that the guarantees were hidden and her lack of awareness at signing, coupled with the respondents' failure to address whether they mitigated damages or received dividends from liquidation, warranted referral to trial. The court held that summary judgment should not be granted where there…

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• Summary Judgment
• Suretyship
• Justus Error
• Conventional Penalties Act
• Public Policy
• Liquidation

De Abreu and Another v Pestana Family Meat and Chicken CC and Another (2327/2005)

De Abreu and Another v Pestana Family Meat and Chicken CC and Another (2327/2005) [2024] ZAGPPHC 338 (7 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

2327/2005

Judge

Matojane

The High Court held that the plaintiffs proved their claim arising from a failed business sale and ordered repayment, interest, and costs.

• Sale Of Business
• Penalty Clause
• Conventional Penalties Act
• Liquor License Transfer
• Contract Cancellation
• Sale-of-business

Man Financial Services SA (Pty) Ltd ta Man Financial Service v Appelcryn and Another (000087/2023)

Man Financial Services SA (Pty) Ltd ta Man Financial Service v Appelcryn and Another (000087/2023) [2024] ZAGPJHC 128 (5 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

000087/2023

Judge

Nowitz

High Court summary judgment in favour of a finance lessor against sureties for rental arrears. The court rejected pactum de non petendo and penalty-clause defences.

• Suretyship Liability
• Summary Judgment
• Conventional Penalties Act
• Non Variation Clause
• Pactum De Non Petendo
• Summary-judgment

South African Securitisation Programme (RF) Limited and Others v WBT Auto Wholesalers and Others (1896/2023)

South African Securitisation Programme (RF) Limited and Others v WBT Auto Wholesalers and Others (1896/2023) [2024] ZAWCHC 23 (5 February 2024)

Court

Western Cape High Court, Cape Town

Case number

1896/2023

Judge

Adhikari AJ

High Court summary judgment granted in part for arrear rentals, but refused for future rentals where the defendants raised bona fide defences.

• Summary Judgment
• Guarantee Liability
• Specific Performance
• Conventional Penalties Act
• Insolvency Act
• Attorney Client Costs