South Africa Case Law

Road Accident Fund v McLachlan N.O (5936/2021)

Road Accident Fund v McLachlan N.O (5936/2021) [2025] ZAWCHC 328 (1 August 2025)

Court

Western Cape High Court, Cape Town

Case number

5936/2021

Judge

Nuku

The defendant failed to provide a proper explanation for the withdrawal of its admission and did not address the plaintiff's objections, including the risk of injustice and prejudice to the plaintiff. The court found that the application for amendment was not made in good faith and would cause an injustice to the plaintiff that could not be remedied by a costs order. The defendant did not demonstrate entitlement to the amendment, and the application was dismissed.

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• Amendment Of Pleadings
• Withdrawal Of Admission
• Prejudice
• Good Faith
• Costs Order

Spar Group Limited and Others v Twelve Gods Supermarket (Pty) Ltd and Others (1100/2022)

Spar Group Limited and Others v Twelve Gods Supermarket (Pty) Ltd and Others (1100/2022) [2025] ZASCA 7; 2025 (3) SA 137 (SCA) (30 January 2025)

Court

Supreme Court of Appeal

Case number

1100/2022

Judges

Mabindla-Boqwana, Kgoele, Baartman, Dolamo, Masipa

The Supreme Court of Appeal held that the credit facilities agreement between SPAR and the Giannacopoulos Group constituted an ongoing contractual relationship, not a series of discrete offers. The discretion to vary credit terms under clause 5 was subject to the arbitrio boni viri standard, requiring SPAR to act reasonably, honestly, and for a legitimate purpose. The evidence showed that SPAR's reasons for altering the credit and drop shipment terms—alleged financial instability and compliance issues—were not substantiated and did not justify the changes. The timing and nature of the alterat…

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• Contractual Discretion
• Arbitrio Boni Viri
• Variation Of Contract
• Credit Facilities
• Good Faith
• Termination Of Membership

Gauteng Department of Human Settlements v Manong (J830/21)

Gauteng Department of Human Settlements v Manong (J830/21) [2024] ZALCJHB 479 (25 November 2024)

Court

Labour Court Johannesburg

Case number

J830/21

Judge

Daniels

The Labour Court upheld a special plea of prescription in a contractual damages claim arising from an irregular salary upgrade and dismissed the action.

• Prescription Act
• Employment Contract Breach
• Special Plea
• Good Faith
• Misrepresentation
• Prescription-act

Makwakwa and Others v Minister of State Security (1316/2022)

Makwakwa and Others v Minister of State Security (1316/2022) [2024] ZASCA 41 (5 April 2024)

Court

Supreme Court of Appeal

Case number

1316/2022

Judges

Makgoka, Weiner, Goosen, Chetty, Masipa

Appeal upheld after the court found material non-disclosure and misstatements in ex parte proceedings seeking to stop publication of an intelligence report.

• Ex Parte Applications
• Good Faith
• Interim Interdict
• National Security
• Open Justice
• Ex-parte-applications

Eastern Cape Transport Tertiary Co-Operative and Others v The National Director of Public Prosecutions and Others (2284/2021)

Eastern Cape Transport Tertiary Co-Operative and Others v The National Director of Public Prosecutions and Others (2284/2021) [2022] ZAECMKHC 25 (31 May 2022)

Court

Eastern Cape High Court, Makhanda

Case number

2284/2021

Judge

G.H. Bloem

The High Court dismissed an application to reconsider ex parte preservation orders over bank accounts linked to Covid-19 TERS funds, and ordered costs.

• Preservation Order
• Unemployment Insurance Fund
• Covid19 Relief Scheme
• Asset Forfeiture
• Good Faith
• Admissibility Of Evidence

Sonae Arauco SA (Pty) Ltd v LT Manifacturing CC (347/2021)

Sonae Arauco SA (Pty) Ltd v LT Manifacturing CC (347/2021) [2021] ZAMPMBHC 4 (25 February 2021)

Court

Mbombela High Court, Mpumalanga

Case number

347/2021

Judge

B A Mashile

The court found that the agreement between the parties was validly terminated in accordance with Clause 8.2, which permits termination on 90 days' notice without cause. The Respondent failed to refer any dispute to a referee as required by Clause 10, and thus cannot rely on the Applicant's alleged failure to follow the dispute resolution procedure. The good faith clause does not create an enforceable obligation to negotiate renewal, and its invocation is misplaced given the clear termination provision. The urgency of the matter was established by the Applicant's substantial financial losses a…

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• Ejectment
• Contract Termination
• Good Faith
• Urgent Interdict
• Arbitration Clause
• Pacta Sunt Servanda

Glencore South Africa Oil Investments Proprietary Limited v Ramano and Others (010321/2019)

Glencore South Africa Oil Investments Proprietary Limited v Ramano and Others (010321/2019) [2019] ZAGPJHC 538; [2020] 1 All SA 403 (GJ); 2020 (3) SA 419 (GJ) (30 September 2019)

Court

South Gauteng High Court, Johannesburg

Case number

010321/2019

Judge

P.N. Levenberg

The court found that the Applicant was entitled to its costs as the successful party in the urgent application. The Respondents, led by the First Respondent, failed to honour irrevocable undertakings and engaged in conduct inconsistent with good faith, creating uncertainty in a high-value transaction. The court rejected the argument that costs should not be awarded in unopposed matters, noting that the Respondents' actions amounted to a form of opposition and that the practice in the division supports costs following the event. The court held that the application was necessary and urgent, and…

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• Mandatory Interdict
• Shareholder Meeting
• Irrevocable Undertaking
• Costs Award
• Companies Act
• Good Faith

Mohamed's Leisure Holdings (Pty) Ltd v Southern Sun Hotel Interests (Pty) Ltd (183/17)

Mohamed's Leisure Holdings (Pty) Ltd v Southern Sun Hotel Interests (Pty) Ltd (183/17) [2017] ZASCA 176; 2018 (2) SA 314 (SCA) (1 December 2017)

Court

Supreme Court of Appeal

Case number

183/17

Judges

Shongwe, Willis, Mathopo, Meyer, Ploos van Amstel

The Supreme Court of Appeal held that the cancellation clause in the lease agreement was neither objectively unconscionable nor contrary to public policy. Both parties contracted freely and on equal footing, and the respondent was aware of the consequences of breach. The respondent's failure to pay rental on time, even if caused by its bank, constituted a breach that triggered the appellant's right to cancel and seek eviction. The court found no constitutional or public policy grounds to relax the principle of pacta sunt servanda or to infuse the contract with notions of ubuntu or good faith…

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• Lease Cancellation
• Pacta Sunt Servanda
• Public Policy In Contract
• Good Faith
• Ubuntu
• Eviction

Flemming v MMI Group (73982/16)

Flemming v MMI Group (73982/16) [2017] ZAGPPHC 650 (2 October 2017)

Court

North Gauteng High Court, Pretoria

Case number

73982/16

Judge

G Rautenbach

The court ordered the insurer to disclose the facts and calculation methods used to justify premium increases, but declined to stop the increases outright.

• Insurance Contracts
• Implied Terms
• Contractual Discretion
• Good Faith
• Public Policy
• Actuarial Calculation

Nedbank Limited v Zevoli 208 (Pty) Ltd and Others (15698/2015)

Nedbank Limited v Zevoli 208 (Pty) Ltd and Others (15698/2015) [2017] ZAKZPHC 22; 2017 (6) SA 318 (KZP) (4 July 2017)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

15698/2015

Judge

Madondo DJP

The court held that the statutory moratorium under section 133(1) of the Companies Act 2008 applies only to the principal debtor and does not extend to sureties. The sureties are sued on the basis of their contractual undertakings, and their liability remains unaffected by the business rescue of the principal debtor. None of the defences raised by the defendants, including waiver, defective notice, prejudicial conduct, defective certificate of balance, lack of jurisdiction, or alleged bad faith, were supported by the terms of the agreements or by law. The defendants failed to disclose any bon…

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• Suretyship
• Summary Judgment
• Business Rescue
• Certificate Of Balance
• Contractual Defences
• Good Faith