South Africa Case Law

Transnet SOC Limited v Gijima Holdings (Pty) Kimited (075722-2025)

Transnet SOC Limited v Gijima Holdings (Pty) Kimited (075722-2025) [2025] ZAGPPHC 690 (30 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

075722-2025

Judge

Minnaar

The court finds that the matter is not suitable for final determination on the papers due to extensive disputes of fact regarding the parties' respective obligations under the Master Services Agreement, the feasibility of disengagement, and the technical capacity of the applicant. The respondent's request for referral to oral evidence is justified. The application is postponed and referred for oral evidence to resolve the identified issues, including the applicability of the exceptio non adimpleti contractus and whether annexure FA12 constitutes an agreement. Costs are reserved pending the ou…

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• Specific Performance
• Contractual Interpretation
• Reciprocal Obligations
• Exceptio Non Adimpleti Contractus
• Urgent Interdict
• Discovery Procedure

LR Management Group (Propriety) Limited v Emfuleni Local Municipality (2023/027863)

LR Management Group (Propriety) Limited v Emfuleni Local Municipality (2023/027863) [2024] ZAGPJHC 643 (4 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/027863

Judge

WJ du Plessis

The High Court granted judgment for unpaid contractual invoices, rejecting the municipality’s exceptio non adimpleti contractus defence and finding no genuine dispute for arbitration.

• Contractual Liability
• Exceptio Non Adimpleti Contractus
• Liquidated Claim
• Arbitration Clause
• Mora Interest
• Contract-law

New Salt Rock City (Pty) Ltd and Others v Kilken Platinum (Pty) Ltd and Others (2022-018387)

New Salt Rock City (Pty) Ltd and Others v Kilken Platinum (Pty) Ltd and Others (2022-018387) [2024] ZAGPPHC 494 (28 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

2022-018387

Judge

Bam

The applicants' claim for delivery and transfer of a helicopter and shares under the settlement agreement fails on three grounds. First, the parties' obligations were reciprocal, and the applicants breached their obligation to cease litigation, entitling the respondents to withhold performance. Second, the applicants elected to cancel the agreement, and such election is binding, precluding enforcement of its terms. Third, cancellation of the settlement agreement extinguished all obligations arising from it, making enforcement impossible. The applicants' attempt to introduce new matters in rep…

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• Contract Cancellation
• Reciprocal Obligations
• Exceptio Non Adimpleti Contractus
• Waiver
• Motion Proceedings
• Settlement Agreement Enforcement

Aon South Africa (Pty) Ltd v Smith and Others (J298/24)

Aon South Africa (Pty) Ltd v Smith and Others (J298/24) [2024] ZALCJHB 200 (8 May 2024)

Court

Labour Court Johannesburg

Case number

J298/24

Judge

M Makhura

The Labour Court dismissed Aon’s urgent bid to enforce a restraint of trade, holding that Smith’s unpaid bonus gave rise to exceptio non adimpleti contractus.

• Restraint Of Trade
• Exceptio Non Adimpleti Contractus
• Reciprocal Obligations
• Bonus Entitlement
• Contractual Claims
• Restraint-of-trade

Air Cycle Engineering CC v ATW Construction (Pty) Ltd (A211/2023)

Air Cycle Engineering CC v ATW Construction (Pty) Ltd (A211/2023) [2024] ZAGPPHC 425 (6 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

A211/2023

Judges

S.K. Hassim, H. Kooverjie

The court found that the plaintiff's affidavit in support of summary judgment did not comply with rule 14(2)(b) of the Magistrates' Court Rules, as it failed to identify any point of law relied upon and did not explain why the defence as pleaded did not raise any issue for trial. The defendant's plea and counterclaim, supported by annexed invoices and proof of payment, established that the work was incomplete and defective, thus raising triable issues. The court held that the defences were valid in law and sufficiently particularised, and that the plaintiff's own pleadings admitted incomplete…

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• Summary Judgment
• Locatio Conductio Operis
• Exceptio Non Adimpleti Contractus
• Contractual Performance
• Liquidated Claim
• Onus Of Proof

Dynachem Holdings SA (Pty) Ltd v Michem Cleaning Supplies CC and Another (4832/2021)

Dynachem Holdings SA (Pty) Ltd v Michem Cleaning Supplies CC and Another (4832/2021) [2024] ZAMPMBHC 21 (26 March 2024)

Court

Mbombela High Court, Mpumalanga

Case number

4832/2021

Judge

Mashile

The court found that the franchise agreement between Dynachem and the Respondents was bilateral and contained reciprocal obligations. Dynachem failed to perform its obligations under the agreement, including providing exclusive rights, technical expertise, marketing information, formulas, and support to the Respondents. As a result, the Respondents were entitled to invoke the exceptio non adimpleti contractus and refuse to comply with Dynachem’s demand for a full account and debatement. The court held that entitlement to a full account must be determined before considering debatement, and sin…

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• Discovery Procedure
• Franchise Agreement
• Exceptio Non Adimpleti Contractus
• Prescription
• Account And Debatement

Procon GT Capital (Pty) Ltd v Woldeyesus and Another (2427/2023)

Procon GT Capital (Pty) Ltd v Woldeyesus and Another (2427/2023) [2024] ZAWCHC 53; 2024 (3) SA 531 (WCC) (22 February 2024)

Court

Western Cape High Court, Cape Town

Case number

2427/2023

Judge

Joubert, AJ

Summary judgment was refused where tenants raised a CPA defence based on the landlord’s failure to evict a competing occupier as promised.

• Consumer Protection Act
• Quality Of Service
• Summary Judgment
• Rental Reduction
• Exceptio Non Adimpleti Contractus
• Summary-judgment

Coetzee N.O and Others v RMB Private Bank a division of Firstrand Bank Limited (A186/2021)

Coetzee N.O and Others v RMB Private Bank a division of Firstrand Bank Limited (A186/2021) [2023] ZAGPPHC 588 (17 July 2023)

Court

North Gauteng High Court, Pretoria

Case number

A186/2021

Judges

Bam, Malindi, Lenyai

The court held that the respondent's obligation under the settlement agreement was to authorise cancellation of the mortgage bond, not to effect actual cancellation. The obligations of the parties were not reciprocal, as the sale of shares agreement provided that transfer would only occur upon full payment of the purchase price, which was due in June 2017. The reference to authorising cancellation to allow the sale of shares was based on incorrect information in correspondence and did not reflect the true intention of the parties. The appellants' default on the December 2016 instalment was du…

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• Reciprocal Obligations
• Exceptio Non Adimpleti Contractus
• Settlement Agreement
• Acceleration Clause
• Contract Interpretation

Pendigo Trade and Investment (Pty) Ltd t/a ITEC Finance v Potgieter (9928/2022)

Pendigo Trade and Investment (Pty) Ltd t/a ITEC Finance v Potgieter (9928/2022) [2023] ZAWCHC 114 (22 May 2023)

Court

Western Cape High Court, Cape Town

Case number

9928/2022

Judge

Binns-Ward

High Court summary judgment granted against a surety for arrears and future rentals under a hire agreement. The court held the penalty defence was inadequately supported.

• Conventional Penalties Act
• Summary Judgment
• Suretyship
• Liquidated Damages
• Exceptio Non Adimpleti Contractus
• Summary-judgment

Pacific Paramount Properties (PTY) Ltd v Apexviva Construction (PTY) Ltd (29234/22)

Pacific Paramount Properties (PTY) Ltd v Apexviva Construction (PTY) Ltd (29234/22) [2023] ZAGPPHC 25 (3 January 2023)

Court

North Gauteng High Court, Pretoria

Case number

29234/22

Judge

M J Teffo

The High Court granted summary judgment for unpaid commercial rent, upheld cancellation of the lease, and ordered eviction. The tenant's licence-based defence failed.

• Lease Agreement
• Arrear Rental
• Eviction
• Exceptio Non Adimpleti Contractus
• Summary Judgment
• Contractual Interpretation