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South Africa decisions
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Dr L J Jordaan Inc v Mather (A2024-089565) [2025] ZAGPJHC 471 (2 May 2025)
The High Court dismissed an appeal about a foreign-currency loan and exchange control, finding Regulation 2(1) was misapplied and costs followed the result.
Nathane v Khoatso (4643/2023) [2024] ZAFSHC 100 (4 April 2024)
The court found that the loan agreement between the parties was unlawful and void under the National Credit Act, as the applicant was not a registered credit provider. However, the defendant was unjustifiably enriched by receiving R3,000,000.00 and repaying only R1,400,000.00. The defendant's alleged expunction of debt and other defences lacked factual support and particularity. The court exercised its discretion to relax the par delictum rule, holding that simple justice required restitution of the outstanding balance to the applicant. The requirements for summary judgment were met, as the d…
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Tikbox League (Pty) Ltd and Others v Du Toit and Others (B1342/2023) [2023] ZAGPPHC 2025; 2024 (3) SA 198 (GP) (18 December 2023)
The High Court held that a contract to stage public boxing contests between social-media rivals was unlawful, contra bonos mores, and unenforceable.
Ergold Property No 8 CC and Another v Hersov (12627/2009) [2017] ZAGPJHC 16 (16 February 2017)
High Court judgment holding Hersov personally liable under s 424 for Panamo’s reckless trading in a failed township development, with the loan claims and interest awarded.
Roazar CC v Falls Supermarket CC (12328/2016) [2016] ZAGPJHC 393; [2017] 2 All SA 665 (GJ) (23 December 2016)
The court dismissed an eviction application, holding that the tenant had a valid option to renew and that renewal negotiations in good faith were enforceable.
Kylie v Commission for Conciliation Mediation and Arbitration and Others (CA10/08) [2010] ZALAC 8; 2010 (4) SA 383 (LAC) ; 2010 (10) BCLR 1029 (LAC) ; (2010) 31 ILJ 1600 (LAC) ; [2010] 7 BLLR 705 (LAC) (26 May 2010)
The Labour Appeal Court held that the definition of 'employee' under the Labour Relations Act is sufficiently broad to include persons engaged in illegal work, such as sex workers, for the purposes of constitutional and statutory protection. Section 23 of the Constitution guarantees the right to fair labour practices to 'everyone', and this right is not automatically forfeited due to the illegality of the work. While the criminal law prohibits prostitution, this does not strip sex workers of all constitutional protections, particularly dignity and fair treatment by employers. The court found…
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MP Finance Group CC (in liquidation) v Commissioner for South African Revenue Service (41/06) [2007] ZASCA 71; 2007 (5) SA 521 (SCA); 69 SATC 141 (31 May 2007)
The Supreme Court of Appeal held that money paid into an illegal pyramid scheme was still “received” for gross income purposes and therefore taxable.
Fourie NO and Others v Edeling NO and Others (522/2003) [2004] ZASCA 28; [2005] 4 All SA 393 (SCA) (1 April 2004)
The SCA held that profit or interest payments from an unlawful pyramid scheme were dispositions without value, but found no undue preference for capital repayments.
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