South Africa Case Law

Umzwilili Environmental Solution v Rockwood Fund 1 GP (Pty) Ltd (2025/101302)

Umzwilili Environmental Solution v Rockwood Fund 1 GP (Pty) Ltd (2025/101302) [2025] ZAGPJHC 704 (21 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/101302

Judge

Z Khan

The Court found that the Applicant failed to establish fraud on the part of the First Respondent in its demand under the guarantees. The evidence did not support a finding of fraudulent intent, as the First Respondent acted transparently and responded to requests for clarification from the banks. The computation of the amount claimed was based on the First Respondent's interpretation of the guarantee wording, and any dispute regarding the correct methodology is subject to arbitration, not judicial intervention at this stage. The Applicant's concerns about overpayment and irrecoverability were…

Source excerpt

• Demand Guarantees
• Interim Interdict
• Fraud Exception
• Contractual Dispute
• Arbitration Clause

Eskom Holdings Soc Ltd v Hitachi Power Africa (Pty) Ltd and Another (139/2013)

Eskom Holdings Soc Ltd v Hitachi Power Africa (Pty) Ltd and Another (139/2013) [2013] ZASCA 101 (12 September 2013)

Court

Supreme Court of Appeal

Case number

139/2013

Judges

Mthiyane, Brand, Shongwe, Majiedt, Petse

The Supreme Court of Appeal held that Eskom’s guarantees were on-demand guarantees, requiring no prior notice to Hitachi before Eskom called them up.

• Demand Guarantees
• Performance Bonds
• Final Interdict
• Contractual Interpretation
• Demand-guarantees
• Performance-bonds