South Africa Case Law

Passenger Rail Agency of South Africa v Masenya (2024-123072)

Passenger Rail Agency of South Africa v Masenya (2024-123072) [2025] ZAGPPHC 782 (1 August 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024-123072

Judge

J Vorster

The court found that the plaintiff's amended particulars of claim contain sufficient allegations to establish publication, as specific individuals and groups were identified as recipients of the defamatory statements. The allegations, when read contextually, accuse the plaintiff of fraud and other serious misconduct, which are capable of defamatory meaning and are prima facie wrongful. The court held that Uniform Rule 18 does not apply since the cause of action is defamation, not contract. Furthermore, intent to defame is presumed in law once publication of defamatory matter is established. A…

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• Exception To Pleadings
• Defamation
• Publication Requirement
• Wrongfulness
• Animus Iniurandi
• Uniform Rule 18

Egoli Sport (Pty) Ltd and Others v Global Sports Betting (Pty) Ltd (2024/065348)

Egoli Sport (Pty) Ltd and Others v Global Sports Betting (Pty) Ltd (2024/065348) [2025] ZAGPJHC 575 (10 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/065348

Judge

PG Louw

The High Court upheld an exception to particulars of claim for failing to disclose a cause of action, finding no contractual nexus, delictual duty, or actionable damage pleaded.

• Exception To Pleadings
• No Cause Of Action
• Contractual Nexus
• Fiduciary Duty
• Aquilian Liability
• Exception-to-pleadings

City of Tshwane Metropolitan Municipality v Phanyane and Others (2024/032979)

City of Tshwane Metropolitan Municipality v Phanyane and Others (2024/032979) [2025] ZAGPPHC 551 (30 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024/032979

Judge

Du Preez

The High Court dismissed a third defendant’s exception to a municipality’s alternative breach-of-contract claim arising from an alleged irregular procurement.

• Exception To Pleadings
• Breach Of Contract
• Municipal Finance Management Act
• Irregular Expenditure
• Employment Contracts
• Exception-to-pleadings

Maboni Projects (Pty) Ltd v Motheo Construction Group and Another (2023/023364)

Maboni Projects (Pty) Ltd v Motheo Construction Group and Another (2023/023364) [2025] ZAGPPHC 498 (16 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023/023364

Judge

H F Jacobs

The court found that all the complaints raised by the first defendant in its notice of exception were valid. The plaintiff's particulars of claim were so vague and embarrassing that, if allowed to stand, they would make it impossible for a trial court to recognise the claim, regardless of the facts that might emerge at trial. The purpose of pleadings is to distil the dispute, and the plaintiff's particulars failed to meet this requirement. Accordingly, the exception was upheld, and the particulars of claim were struck out.

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• Exception To Pleadings
• Vague And Embarrassing Pleading
• Rule 30 Application

African Heights (Pty) Ltd v Coega Development Corporation and Others (3466/2022)

African Heights (Pty) Ltd v Coega Development Corporation and Others (3466/2022) [2025] ZAECQBHC 14 (13 May 2025)

Court

Eastern Cape High Court, Gqeberha

Case number

3466/2022

Judge

J W Eksteen

The High Court dismissed an exception in a dispute over a cession agreement, holding that its interpretation could not be resolved on exception.

• Exception To Pleadings
• Cession Of Claims
• Contractual Interpretation
• Liquidation
• Subcontractor Liability
• Exception-to-pleadings

Lebashe Investment Group (Pty) Ltd and Others v United Democratic Movement and Another (1308/2023)

Lebashe Investment Group (Pty) Ltd and Others v United Democratic Movement and Another (1308/2023) [2025] ZASCA 29 (28 March 2025)

Court

Supreme Court of Appeal

Case number

1308/2023

Judges

Schippers, Hughes, Baartman, Windell, Norman

The Supreme Court of Appeal held that the order dismissing the exception to the amended plea was interlocutory and not appealable, as it did not finally determine the rights of the parties or dispose of a substantial portion of the relief claimed. The interests of justice did not support appealability, as any alleged prejudice or confusion could be addressed through trial particulars and pre-trial procedures. Allowing the appeal would result in piecemeal adjudication, prolong litigation, and waste judicial resources. The trial court retained the discretion to revisit the pleadings and determi…

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• Exception To Pleadings
• Defamation
• Interests Of Justice
• Appealability Of Interlocutory Orders
• Injuria

Randvest Capital Investments (Pty) Ltd and Another v REH Investments (Pty) Ltd (2022/17794)

Randvest Capital Investments (Pty) Ltd and Another v REH Investments (Pty) Ltd (2022/17794) [2025] ZAGPPHC 56 (27 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

2022/17794

Judge

EF Dippenaar

The court held that the exceptions must fail. Regarding Claim A, the court found that s 347(1A) of the 1973 Companies Act does not restrict the jurisdiction to the court hearing the winding up application, nor does it require a prior finding of abuse before damages can be claimed. The provision is broad and does not specify timing or forum limitations. The plaintiff's claim, based on the alleged wrongful and intentional institution of winding up proceedings for ulterior purposes, falls within the ambit of s 347(1A). Regarding Claim B, the court found that the particulars of claim, read as a w…

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• Exception To Pleadings
• Delictual Liability
• Director Duties
• Fiduciary Duty
• Abuse Of Process
• Winding Up Applications

Kaykaysim Projects (Pty) Ltd v Dihlabeng Local Municipality (1355/2024)

Kaykaysim Projects (Pty) Ltd v Dihlabeng Local Municipality (1355/2024) [2025] ZAFSHC 16 (23 January 2025)

Court

Free State High Court, Bloemfontein

Case number

1355/2024

Judge

Greyling-Coetzer AJ

The High Court upheld an exception to particulars of claim seeking retention money, finding the plaintiff had not pleaded enough contract facts to sustain the claim.

• Exception To Pleadings
• Specific Performance
• Contractual Entitlement
• Retention Money
• Uniform Rule 18
• Exception-to-pleadings

Lebotsi Renovations and Projects Management (Pty) Ltd and Another v Vrey and Others (2024-005583)

Lebotsi Renovations and Projects Management (Pty) Ltd and Another v Vrey and Others (2024-005583) [2025] ZAGPPHC 70 (20 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024-005583

Judge

E van der Schyff

The High Court dismissed an exception to amended particulars of claim, holding the pleadings were sufficiently clear and that non-joinder was not a proper ground.

• Exception To Pleadings
• Cause Of Action
• Non Variation Clause
• Oral And Written Contracts
• Non Joinder
• Alienation Of Land Act

Klaas Creative (Pty) Ltd v Buffalo City Metropolitan Municipality (1260/2023)

Klaas Creative (Pty) Ltd v Buffalo City Metropolitan Municipality (1260/2023) [2024] ZAECMKHC 145 (17 December 2024)

Court

Eastern Cape High Court, Makhanda

Case number

1260/2023

Judge

N Cengani-Mbakaza

The High Court dismissed Buffalo City’s exception, holding that Klaas Creative’s amended particulars of claim sufficiently pleaded breach of contract and unjustified enrichment.

• Exception To Pleadings
• Breach Of Contract
• Unjustified Enrichment
• Municipal Tender
• Assignment Of Rights
• Exception-to-pleadings