South Africa Case Law

Keegans Auto Spares and Accessories CC t/a Jaymees Midas v National Treasury of South Africa and Others (38145/2022)

Keegans Auto Spares and Accessories CC t/a Jaymees Midas v National Treasury of South Africa and Others (38145/2022) [2023] ZAGPPHC 2008 (12 December 2023)

Court

North Gauteng High Court, Pretoria

Case number

38145/2022

Judge

N Davis

The court dismissed a review of a provincial automotive-parts tender, holding that Keegans failed to prove the required provincial footprint and Treasury could verify bids by due diligence.

• Public Procurement
• Bid Evaluation
• Procedural Fairness
• Preferential Procurement Policy Framework Act
• Due Diligence
• Disqualification Of Bidder

Minister of the Department of Correctional Services v Mpiko NO and Others (JA65/2017)

Minister of the Department of Correctional Services v Mpiko NO and Others (JA65/2017) [2018] ZALAC 20; (2018) 39 ILJ 2489 (LAC) (19 July 2018)

Court

Labour Appeal Court

Case number

JA65/2017

Judges

Phatshoane, Murphy, Savage

The Labour Appeal Court upheld dismissal for misleading the Credit Committee about film-funding security and omitting negative script-review comments.

• Fiduciary Duty
• Misrepresentation
• Dismissal For Misconduct
• Due Diligence
• Employment Trust Relationship
• Dismissal-for-misconduct

National Empowerment Fund v Public Protector and Others (12349/15)

National Empowerment Fund v Public Protector and Others (12349/15) [2017] ZAGPPHC 610 (22 September 2017)

Court

North Gauteng High Court, Pretoria

Case number

12349/15

Judge

Van der Westhuizen

The court found that the Public Protector's report was based on material errors of fact and law, particularly in treating multiple distinct funding applications as a single application and considering events post-complaint. The applicant processed the applications within reasonable timeframes and provided cogent reasons for refusal. The criticism regarding the timing of due diligence investigations was unfounded, as conducting such investigations upfront would be impractical and unnecessarily burdensome. The recommendations for apology and payment of 'sorry money' were ultra vires, irrational…

Source excerpt

• Maladministration
• Review Of Administrative Action
• Public Protector Act
• Due Diligence
• Remedial Action
• Costs Order

Viking Inshore Fishing (Pty) Ltd v Mutual and Federal Insurance Co Ltd (41/2015)

Viking Inshore Fishing (Pty) Ltd v Mutual and Federal Insurance Co Ltd (41/2015) [2016] ZASCA 21; [2016] 2 All SA 730 (SCA); 2016 (6) SA 335 (SCA) (18 March 2016)

Court

Supreme Court of Appeal

Case number

41/2015

Judges

Maya, Wallis, Saldulker, Swain, Victor

The Supreme Court of Appeal held that a Merchant Shipping Act warranty did not defeat an Inchmaree insurance claim and awarded Viking Inshore Fishing indemnity with interest.

• Marine Insurance
• Inchmaree Clause
• Merchant Shipping Act Warranty
• Due Diligence
• Admissibility Of Hearsay
• Quantum Of Indemnity

Viking Inshore Fishing (Pty) Ltd v Mutual & Federal Insurance Company Ltd (AC22/2007)

Viking Inshore Fishing (Pty) Ltd v Mutual & Federal Insurance Company Ltd (AC22/2007) [2013] ZAWCHC 163 (30 October 2013)

Court

Western Cape High Court, Cape Town

Case number

AC22/2007

Judge

D M Davis

The court refused to separate issues in a marine insurance dispute over an Inchmaree clause, a Merchant Shipping Act warranty, and the onus on due diligence.

• Marine Insurance
• Inchmaree Clause
• Merchant Shipping Act Warranty
• Separation Of Issues
• Burden Of Proof
• Due Diligence

Cape Empowerment Trust Ltd v Comwezi Security Services (Pty) Ltd and Another (19719/12)

Cape Empowerment Trust Ltd v Comwezi Security Services (Pty) Ltd and Another (19719/12) [2012] ZAWCHC 380 (5 December 2012)

Court

Western Cape High Court, Cape Town

Case number

19719/12

Judge

Traverso

The High Court held that a settlement agreement remained binding and ordered compliance with a prior due-diligence disclosure order.

• Contractual Repudiation
• Settlement Agreement
• Due Diligence
• Specific Performance
• Contractual-repudiation
• Settlement-agreement

Comwezi Security Services (Pty) Ltd and Another v Cape Empowerment Trust Ltd (759/2011)

Comwezi Security Services (Pty) Ltd and Another v Cape Empowerment Trust Ltd (759/2011) [2012] ZASCA 126 (21 September 2012)

Court

Supreme Court of Appeal

Case number

759/2011

Judges

Cloete, Cachalia, Leach, Theron, Wallis

The Supreme Court of Appeal held that a contractual power to “relax” a resolutive condition included extending the due diligence deadline, so the settlement stayed in force.

• Contract Interpretation
• Resolutive Condition
• Power Of Relaxation
• Settlement Agreement
• Due Diligence
• Waiver

Aviation Insurance Company of Africa Ltd. v Smit (152/84)

Aviation Insurance Company of Africa Ltd. v Smit (152/84) [1984] ZASCA 143 (27 November 1984)

Court

Supreme Court of Appeal

Case number

152/84

Judges

Miller, Van Heerden, Wessels, Galgut, Vivier

Appeal over aviation insurance liability dismissed after the court found no proven breach of flight warranty, airworthiness obligations, or due diligence duties.

• Insurance Policy Warranties
• Aviation Accident Claims
• Burden Of Proof
• Negligence
• Due Diligence
• Contractual Conditions Precedent