South Africa Case Law

Mvelatrans (Pty) Ltd t/a Bojanala Bus Services v DEMAWUSA and Others (2025/076663)

Mvelatrans (Pty) Ltd t/a Bojanala Bus Services v DEMAWUSA and Others (2025/076663) [2025] ZALCJHB 226 (20 June 2025)

Court

Labour Court Johannesburg

Case number

2025/076663

Judge

Daniels

The court found that the applicant failed to establish a prima facie right to the relief sought. The interpretation of clause 18.3 of the Main Collective Agreement does not require that the strike notice be issued only after the expiry of the cooling-off period; rather, the notice may be issued during the cooling-off period provided the strike commences after its expiry. This interpretation aligns with the least restrictive approach to the constitutional right to strike and the objects of the LRA. The jurisdictional ruling of the Bargaining Council does not preclude protected strike action on…

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• Protected Strike
• Collective Agreement Interpretation
• Cooling Off Period
• Jurisdictional Ruling
• Strike Notice Requirements

Mosaka v Bryanston Executive Cars CC (NCT/195557/2021/75 (1)(b))

Mosaka v Bryanston Executive Cars CC (NCT/195557/2021/75 (1)(b)) [2022] ZANCT 6 (31 January 2022)

Court

National Consumer Tribunal

Case number

NCT/195557/2021/75 (1)(b)

Judges

MC Peenze, A Potwana, T Bailey

The Tribunal refused a consumer’s request to return a used BMW and obtain a refund, finding no direct marketing and that disclosed defects did not justify rescission.

• Consumer Protection Act
• Defective Goods
• Implied Warranty
• Cooling Off Period
• Misrepresentation
• Used Vehicle Sales

Cancellation of time share agreement (201602-0006059)

Cancellation of time share agreement (201602-0006059) [2016] ZACGSO 9 (22 March 2016)

Court

Consumer Goods and Services Ombud

Case number

201602-0006059

Judge

N Melville

The Ombud recommended cancelling a timeshare agreement and refunding the deposit, less reasonable expenses, after finding the cancellation fell outside the cooling-off period.

• Consumer Protection Act
• National Credit Act
• Cancellation Of Agreement
• Cooling Off Period
• Reasonable Cancellation Penalty
• Consumer-protection-act

Return of Shoes (201505-0137)

Return of Shoes (201505-0137) [2015] ZACGSO 9 (22 July 2015)

Court

Consumer Goods and Services Ombud

Case number

201505-0137

Judge

Bonita Hughes

The Ombud found no basis for a refund for shoes that did not fit the same as another pair, holding there was no defect under the CPA and closing the file.

• Consumer Protection Act
• Right Of Return
• Defective Goods
• Cooling Off Period
• Consumer-protection-act
• Right-of-return

Cancellation of orders for product not in writing: Supplier should accept cancellation (20131021759, 201310281082, 201310281117, 20131119991)

Cancellation of orders for product not in writing: Supplier should accept cancellation (20131021759, 201310281082, 201310281117, 20131119991) [2014] ZACGSO 4 (21 May 2014)

Court

Consumer Goods and Services Ombud

Case number

20131021759, 201310281082, 201310281117, 20131119991

Judge

N Melville

The Ombud held that the supplier should accept the complainants’ cancellations, backdate acceptance to first notice, and calculate refunds under the CPA or NCA.

• Consumer Protection Act
• Cooling Off Period
• Contract Cancellation
• Remedies For Breach
• Consumer-protection-act
• Cooling-off-period

Booysen h/a NVM Beleggings en Versekeringsadviseur v Maree (A134/2008)

Booysen h/a NVM Beleggings en Versekeringsadviseur v Maree (A134/2008) [2009] ZAFSHC 100 (5 February 2009)

Court

Free State High Court, Bloemfontein

Case number

A134/2008

Judges

Kruger, Mocumie

The court held that the agreement in Section 5 of the Advice Record, which purported to make the respondent liable for the appellant's forfeited commission upon cancellation of the policy, was not rendered void by the statutory framework. The legislation and regulations do not expressly prohibit an intermediary from contracting directly with a client for a fee equivalent to forfeited commission, provided such arrangement does not contravene the regulated commission structure. The statutory cooling-off period protects the policyholder from liability to the insurer, but does not extend to bar c…

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• Insurance Intermediary Commission
• Policyholder Protection Rules
• Contract Enforceability
• Cooling Off Period
• Statutory Rights
• Accounting Claims

South African Bus Employers Association v South African Transport and Allied Workers Union ("SATAWU") and Others (C134/2007)

South African Bus Employers Association v South African Transport and Allied Workers Union ("SATAWU") and Others (C134/2007) [2008] ZALC 178 (1 January 2008)

Court

Labour Court

Case number

C134/2007

Judge

D Nel

The Labour Court confirmed a rule nisi over threatened strike action and ordered costs against the first and third respondents, finding no special circumstances to depart from the usual rule.

• Protected Strike Action
• Costs In Labour Disputes
• Collective Bargaining
• Cooling Off Period
• Rule Nisi Confirmation
• Labour-law

Gowar Investments (Pty) Ltd v Section 3 Dolphin Coast Medical Centre CC and Another (474/05)

Gowar Investments (Pty) Ltd v Section 3 Dolphin Coast Medical Centre CC and Another (474/05) [2006] ZASCA 136; 2007 (3) SA 100 (SCA) (30 November 2006)

Court

Supreme Court of Appeal

Case number

474/05

Judges

Farlam, Mthiyane, Brand, Heher, Combrinck

The Supreme Court of Appeal held that the purpose of section 2(2A) of the Alienation of Land Act is to bring the purchaser's statutory cooling-off rights under section 29A to the purchaser's attention, not to create enforceable rights for the seller or to render the contract automatically void for non-compliance. The language of section 2(2A) differs from section 2(1), which expressly provides for nullity in the event of non-compliance. The court found that the Legislature intended the agreement to be voidable at the instance of the purchaser, who may elect to abide by or resile from the cont…

Source excerpt

• Alienation Of Land Act
• Cooling Off Period
• Formalities Of Deeds
• Specific Performance