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South Africa Case Law

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Commercial And Corporate [2024] ZAGPJHC 16

Kiszkurno v Sail Holdings (Pty) Limited (2022-057556)

Kiszkurno v Sail Holdings (Pty) Limited (2022-057556) [2024] ZAGPJHC 16 (10 January 2024)

The High Court dismissed a winding-up application because the applicant failed to show that the respondent company was bound to pay the claimed debt.

  • Winding Up Of Company
  • Creditor Claim
  • Contractual Liability
  • Employment Agreement
  • Winding-up-of-company
  • Creditor-claim
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Labour Law [2023] ZANWHC 210

Sebego v Premier of the North West Province and Others (241/19)

Sebego v Premier of the North West Province and Others (241/19) [2023] ZANWHC 210 (15 November 2023)

The High Court enforced a redetermination agreement arising from an employment dispute, ordered specific performance, and dismissed the defendants’ counterclaim.

  • Specific Performance
  • Unlawful Repudiation
  • Fixed Term Contract
  • Damages
  • Employment Agreement
  • Counterclaim
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Commercial And Corporate [2020] ZAFSHC 215

Sapphire Corporate Solutions (Pty) Ltd v Buchanan and Another (1348/2020)

Sapphire Corporate Solutions (Pty) Ltd v Buchanan and Another (1348/2020) [2020] ZAFSHC 215 (17 September 2020)

Opposed motion to enforce a restraint of trade and confidentiality undertakings failed for lack of proof of breach, disclosure, or ongoing threat.

  • Restraint Of Trade
  • Confidential Information
  • Unlawful Competition
  • Interdict
  • Employment Agreement
  • Restraint-of-trade
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Commercial And Corporate [2015] ZASCA 20

National Health Laboratory Service v Lloyd-Jansen van Vuuren (20044/14)

National Health Laboratory Service v Lloyd-Jansen van Vuuren (20044/14) [2015] ZASCA 20; 2015 (5) SA 426 (SCA) (19 March 2015)

The SCA held that an initial training contract’s repayment obligation survived a later employment agreement and that no novation occurred.

  • Contract Interpretation
  • Novation
  • Employment Agreement
  • Training Obligation
  • Contract-interpretation
  • Employment-agreement
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Commercial And Corporate [2015] ZAWCHC 216

Devere Investments South Africa (Pty) Ltd v Goliath and Others (17275/14)

Devere Investments South Africa (Pty) Ltd v Goliath and Others (17275/14) [2015] ZAWCHC 216 (13 February 2015)

High Court interdict case on restraint of trade, client solicitation, and alleged misuse of confidential financial services information.

  • Restraint Of Trade
  • Unlawful Competition
  • Confidential Information
  • Interdict
  • Employment Agreement
  • Restraint-of-trade
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Commercial And Corporate [2013] ZASCA 194

Fourier Approach (PTY) v West (921/2012)

Fourier Approach (PTY) v West (921/2012) [2013] ZASCA 194 (2 December 2013)

The Supreme Court of Appeal held that commission on “sales realised” was based on the sale price only, not interest paid for credit or late payment.

  • Contract Interpretation
  • Commission Dispute
  • Employment Agreement
  • Interest On Sale Price
  • Contract-interpretation
  • Commission-dispute
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Land And Property [2012] ZASCA 77

Sterklewies (Pty) Ltd t/a Harrismith Feedlot v Msimanga and Others (456/2011)

Sterklewies (Pty) Ltd t/a Harrismith Feedlot v Msimanga and Others (456/2011) [2012] ZASCA 77; 2012 (5) SA 392 (SCA); [2012] 3 All SA 655 (SCA) (25 May 2012)

The Supreme Court of Appeal held that the respondents' right to reside in the hostel was explicitly linked to their employment agreements with the appellant. The company's rules and policies, which formed part of the employment contracts, clearly stipulated that accommodation was provided only for employees and terminated upon cessation of employment. The evidence of the appellant's witness regarding the communication and enforcement of these rules was unchallenged. The respondents failed to provide any positive basis for a right to reside independent of employment. The procedural requirement…

  • Extension Of Security Of Tenure Act
  • Right Of Residence
  • Employment Agreement
  • Eviction Procedure
  • Termination Of Employment
  • Just And Equitable Termination
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Civil Procedure [2010] ZAGPPHC 83

Nel v Tsai and Others (40185/09)

Nel v Tsai and Others (40185/09) [2010] ZAGPPHC 83 (30 July 2010)

The High Court dismissed an exception to particulars of claim, holding that contract interpretation should not be finally decided at exception stage.

  • Exception Procedure
  • Contract Interpretation
  • Vagueness In Pleadings
  • Employment Agreement
  • Exception-procedure
  • Contract-interpretation
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Labour Law [2010] ZAWCHC 7

Berger v Semex South Africa (Pty) Ltd (4407/07)

Berger v Semex South Africa (Pty) Ltd (4407/07) [2010] ZAWCHC 7 (8 February 2010)

The court held that an express contractual right to terminate employment on 30 days' notice was validly exercised and did not amount to breach or repudiation.

  • Fixed Term Contract
  • Termination On Notice
  • Contractual Rights
  • Employment Agreement
  • Employment-law
  • Fixed-term-contract
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Commercial And Corporate [2007] ZAGPHC 35

SPX Technologies (Pty) Ltd t/a Lightin Africa v Els and Another (11374/2007)

SPX Technologies (Pty) Ltd t/a Lightin Africa v Els and Another (11374/2007) [2007] ZAGPHC 35 (23 April 2007)

The High Court dismissed an urgent application to enforce a restraint of trade against a former employee, finding no proven protectable interest.

  • Restraint Of Trade
  • Protectable Interest
  • Confidential Information
  • Employment Agreement
  • Restraint-of-trade
  • Employment-law
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.