South Africa Case Law

Pine Glow Investments (Pty) Ltd v Minister of Energy and Others (1264/2023)

Pine Glow Investments (Pty) Ltd v Minister of Energy and Others (1264/2023) [2025] ZASCA 75; [2025] 3 All SA 314 (SCA) (2 June 2025)

Court

Supreme Court of Appeal

Case number

1264/2023

Judges

Zondi DP, Mocumie JA, Mokgohloa JA, Koen JA, Molitsoane AJA

The Supreme Court of Appeal held that the Minister could lawfully remit fuel licence applications for re-evaluation and that the review was premature for failure to exhaust internal remedies.

• Petroleum Products Act
• Internal Remedies
• Administrative Action
• Exhaustion Of Remedies
• Functus Officio
• Procedural Fairness

Agvision CC t/a MMA Dealership v Fayers (AR158/2023)

Agvision CC t/a MMA Dealership v Fayers (AR158/2023) [2025] ZAKZPHC 37 (28 March 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR158/2023

Judges

Olsen, Mathenjwa

High Court appeal over a sold-as-is motor vehicle held that the magistrates’ repair award could not stand; the appeal was upheld and the lower judgment set aside.

• Consumer Protection Act
• Defective Goods
• Sale Of Goods
• Remedies For Breach
• Exhaustion Of Remedies
• Consumer-protection

Pieterse and Others v Organic Synthesis (Pty) Ltd and Another (61861/2017)

Pieterse and Others v Organic Synthesis (Pty) Ltd and Another (61861/2017) [2024] ZAGPPHC 1195 (14 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

61861/2017

Judge

E M Kubushi

The court held that section 69 of the Consumer Protection Act does not require plaintiffs to exhaust alternative statutory remedies before approaching the court for damages based on personal injury caused by defective goods. The remedies listed in section 69(a)-(c) are not appropriate or sufficient for claims of this nature, as only the court is empowered under section 61(6) to adjudicate such claims and determine damages. The court found that the statutory framework does not create a mandatory hierarchy of remedies and that the right of access to courts should not be excluded by procedural r…

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• Consumer Protection Act
• Product Liability
• Personal Injury
• Exhaustion Of Remedies
• Strict Liability

BC Funding Solution (Pty) Limited v Estate Agency Affairs Board (006468-2023)

BC Funding Solution (Pty) Limited v Estate Agency Affairs Board (006468-2023) [2024] ZAGPJHC 242 (7 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

006468-2023

Judge

Carrim

Summary judgment was refused in a claim under the Estate Agency Affairs Act because the alleged entrustment of funds and trust-money status raised a triable issue.

• Summary Judgment
• Estate Agency Affairs Act
• Entrustment
• Trust Money
• Exhaustion Of Remedies
• Summary-judgment

Motus Corporation (Pty) Ltd and Another v Wentzel (1272/2019)

Motus Corporation (Pty) Ltd and Another v Wentzel (1272/2019) [2021] ZASCA 40; [2021] 3 All SA 98 (SCA) (13 April 2021)

Court

Supreme Court of Appeal

Case number

1272/2019

Judges

Wallis, Saldulker, Zondi, Carelse, Kgoele

The respondent failed to establish entitlement to a refund under s 56(3) of the Consumer Protection Act, as she did not prove that defects persisted or new defects were discovered within three months after the last repair. Renault's evidence that all repairs were completed and no further complaints were received must be accepted, given the disputes of fact and the limitations of motion proceedings. The court a quo erred in awarding a refund of the full purchase price, including finance charges, contrary to the statutory definition of 'price' and without considering deductions for use under s…

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• Consumer Protection Act
• Implied Warranty Of Quality
• Refund Remedy
• Motion Proceedings
• Exhaustion Of Remedies

Afca Trading and Supply (Pty) Ltd v City Square Trading and Supply 604 (Pty) Ltd (227/2018)

Afca Trading and Supply (Pty) Ltd v City Square Trading and Supply 604 (Pty) Ltd (227/2018) [2021] ZAFSHC 29 (18 February 2021)

Court

Free State High Court, Bloemfontein

Case number

227/2018

Judge

Chesiwe

The High Court struck a consumer claim for non-compliance with section 69 of the Consumer Protection Act, holding the plaintiff had not exhausted available remedies.

• Consumer Protection Act
• Jurisdiction
• Exhaustion Of Remedies
• Latent Defects
• Sale Of Goods
• Consumer-protection-act

Govender v Bryanston Executive Cars (GCC 08/2020)

Govender v Bryanston Executive Cars (GCC 08/2020) [2020] ZACONAF 6 (14 December 2020)

Court

Consumer Affairs Court

Case number

GCC 08/2020

Judges

M A du Plessis, M Phukubje, P Samuels

The court found that section 69 of the Consumer Protection Act provides alternative remedies for consumers, including referral to an industry ombud, a consumer court, or the National Consumer Commission. These remedies are alternatives, not sequential steps. The Plaintiff had already referred the dispute to the Motor Industry Ombudsman, who ruled in his favour. As such, the Plaintiff could not approach the Consumer Affairs Court for the same relief, as the court lacked jurisdiction to re-adjudicate a matter already decided by an accredited ombud. The court relied on the interpretation of sect…

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• Consumer Protection Act
• Enforcement Of Rights
• Alternative Dispute Resolution
• Exhaustion Of Remedies

Rodel Financial Services (Pty) Ltd v Legal Practitioners Fidelity Fund (42693/2019)

Rodel Financial Services (Pty) Ltd v Legal Practitioners Fidelity Fund (42693/2019) [2020] ZAGPJHC 238 (7 October 2020)

Court

South Gauteng High Court, Johannesburg

Case number

42693/2019

Judge

I Opperman

The High Court dismissed a Fidelity Fund claim because the applicant had not shown reasonable efforts to recover stolen trust money from the attorney first.

• Fidelity Fund Claims
• Exhaustion Of Remedies
• Trust Account Theft
• Statutory Interpretation
• Fidelity-fund-claims
• Exhaustion-of-remedies

Wentzel v Autofit Fitment Centre Renault (Pty) Ltd-Zambezi and Others (34022/ 2018)

Wentzel v Autofit Fitment Centre Renault (Pty) Ltd-Zambezi and Others (34022/ 2018) [2019] ZAGPPHC 522 (19 July 2019)

Court

North Gauteng High Court, Pretoria

Case number

34022/ 2018

Judge

N.M MAVUNDLA

The court held that a new Renault Kwid with multiple defects was not of good quality under the CPA and ordered a full refund and attorney-and-client costs.

• Consumer Protection Act
• Defective Goods
• Refund And Rescission
• Exhaustion Of Remedies
• Motion Proceedings
• Attorney And Client Costs

Limpopo Legal Solutions and Others v Vhembe District Municipality and Others (430/2016)

Limpopo Legal Solutions and Others v Vhembe District Municipality and Others (430/2016) [2016] ZALMPTHC 20 (2 June 2016)

Court

Limpopo High Court, Thohoyandou

Case number

430/2016

Judge

Lamminga

The court found that the applicants failed to exhaust available remedies before approaching the court, as they did not report the sewerage leak to the first respondent, who was responsible for water and sanitation services. The application was premature, and the requirements for a final interdict and mandamus were not satisfied, particularly the absence of alternative remedies. The court held that the deponent's authority to oppose was not in issue, and that the applicants did not provide sufficient evidence of a statutory dereliction by the first respondent. The application was dismissed, an…

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• Mandamus
• Municipal Service Delivery
• Final Interdict
• Constitutional Right To Environment
• Exhaustion Of Remedies
• Cooperative Government