South Africa Case Law

National Union of Metalworkers of South Africa (NUMSA) v Motor Industry Staff Association (MISA) and Others (JA15/2023)

National Union of Metalworkers of South Africa (NUMSA) v Motor Industry Staff Association (MISA) and Others (JA15/2023) [2024] ZALAC 73; (2025) 46 ILJ 109 (LAC) (6 September 2024)

Court

Labour Appeal Court

Case number

JA15/2023

Judges

Musi JA, Van Niekerk JA, Govindjee AJA

The Labour Appeal Court held that the MIBCO constitution does not contain a tacit or implied term that a party whose representivity falls below the 5% threshold automatically ceases to be a member. The Court found that the arbitrator erred in law by importing such a term, as the requirements of obviousness and business efficacy were not met. The constitution's silence on the consequences of falling below the threshold was deliberate, leaving the matter for MIBCO to resolve internally. The Court emphasized that collective agreements are not ordinary contracts and must be interpreted in light o…

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• Collective Agreements
• Implied Terms
• Bargaining Council Membership
• Majoritarianism
• Interpretation Of Collective Agreements

Koegelenberg v Land and Agricultural Development Bank of South Africa and Others (658/2022)

Koegelenberg v Land and Agricultural Development Bank of South Africa and Others (658/2022) [2024] ZANCHC 44 (3 May 2024)

Court

Northern Cape High Court, Kimberley

Case number

658/2022

Judge

MC Mamosebo

The court found that the suretyship agreement did not contain an implied or tacit term requiring the Land Bank to notify the applicant of any change in the debtor's ability to pay. The applicant was aware of Praia Rocha's financial difficulties and had communicated with the Land Bank, negating any claim of prejudice. The dispute was contractual and not administrative, rendering PAJA inapplicable. The letter of demand was properly served, and the applicant was able to respond to the proceedings. The applicant failed to establish grounds for the development of the common law. There were no reas…

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• Suretyship
• Leave To Appeal
• Contract Interpretation
• Implied Terms
• Administrative Action
• Costs Order

S.L.M v B.M (2017/30005)

S.L.M v B.M (2017/30005) [2023] ZAGPJHC 890 (8 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2017/30005

Judge

Moorcroft

The court found that the settlement agreement expressly regulated the maintenance obligation and the provision of a motor vehicle, with no scope for implied or tacit terms terminating maintenance upon remarriage or cohabitation. Section 7(2) of the Divorce Act was inapplicable due to the existence of a settlement agreement. The applicant failed to establish the existence of a lifetime partnership between the defendant and a third party, as the evidence was insufficient and largely based on hearsay. The agreement was properly made an order of court in accordance with constitutional and legal r…

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• Divorce Settlement Agreement
• Implied Terms
• Spousal Maintenance
• Leave To Appeal
• Contractual Interpretation

Mashoro Phasha and Other v Kgosiltsile Aaron Mosweu and Others (020142/2022)

Mashoro Phasha and Other v Kgosiltsile Aaron Mosweu and Others (020142/2022) [2023] ZAGPJHC 654 (7 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

020142/2022

Judge

I Opperman

The High Court upheld ABSA’s exception, finding no pleaded contractual cause of action for a market valuation of the property.

• Exception To Particulars Of Claim
• Mortgage Loan Agreement
• Implied Terms
• Contractual Interpretation
• Exception-to-particulars-of-claim
• Mortgage-loan-agreement

S.L.M v B.M (2017/30005)

S.L.M v B.M (2017/30005) [2023] ZAGPJHC 546 (23 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2017/30005

Judge

Moorcroft

The High Court dismissed a challenge to a divorce settlement, holding that maintenance payable until death could not be read to end on remarriage or cohabitation.

• Divorce Settlement Agreement
• Spousal Maintenance
• Tacit Terms
• Implied Terms
• Variation Of Order
• Freedom Of Contract

Orkin v Goldleaf Investment (Pty) Ltd (22321/2018)

Orkin v Goldleaf Investment (Pty) Ltd (22321/2018) [2023] ZAGPJHC 356 (21 April 2023)

Court

South Gauteng High Court, Johannesburg

Case number

22321/2018

Judge

MIA

The High Court held the developer breached a sale agreement by failing to ensure a fully serviced site, awarded proven damages, and dismissed the counterclaim.

• Implied Terms
• Breach Of Contract
• Damages Assessment
• Locus Standi
• Cession Of Rights
• Municipal Services Supply

Walsun Motordienste CC v Combrink N.O. and Others (A63/2022)

Walsun Motordienste CC v Combrink N.O. and Others (A63/2022) [2023] ZAFSHC 129 (14 April 2023)

Court

Free State High Court, Bloemfontein

Case number

A63/2022

Judges

Reinders, Daniso, Van Rhyn

Appeal dismissed in a lease dispute over a fuel station retail licence, with the court upholding cancellation and ejectment for failure to obtain the required licence.

• Lease Agreement
• Retail License
• Repudiation
• Implied Terms
• Cancellation Of Contract
• Lease-agreement

Yan v Mahlangu and Others (2020/19368)

Yan v Mahlangu and Others (2020/19368) [2022] ZAGPJHC 833 (24 October 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2020/19368

Judge

RJ Moultrie

The court held that the settlement agreement did not oblige the applicant to act reasonably or to grant an extension of the payment date. The language of the agreement, particularly the use of 'may agree', indicated discretion rather than obligation. The respondent failed to plead or establish any implied or tacit term requiring the applicant to act reasonably or not to unreasonably withhold consent. Constitutional values and good faith do not override clear contractual terms or create new obligations absent proper pleading and legal development. The respondent's reasons for delay were not sh…

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• Contractual Interpretation
• Implied Terms
• Tacit Terms
• Good Faith In Contract
• Settlement Agreement Enforcement

Dingezweni v Member of the Executive Council, Department of Education, Eastern Cape Province and Another (536/2016)

Dingezweni v Member of the Executive Council, Department of Education, Eastern Cape Province and Another (536/2016) [2022] ZAECBHC 26 (27 September 2022)

Court

Eastern Cape High Court, Bhisho

Case number

536/2016

Judge

Dreyer AJ

The court held that a substitute educator remained employed on a fixed-term Department contract and was entitled to the balance of her salary and benefits.

• Fixed Term Contract
• Premature Termination
• Implied Terms
• Jurisdiction Of High Court
• Substitute Educator
• Pecuniary Claim

Mokoroane v Department of Social Development: North West Provincial Government and Another (J 880/2022)

Mokoroane v Department of Social Development: North West Provincial Government and Another (J 880/2022) [2022] ZALCJHB 220 (5 August 2022)

Court

Labour Court Johannesburg

Case number

J 880/2022

Judge

Prinsloo

The court found that the applicant's contract expressly allowed for termination on 30 days' notice, as per clause 5.1.3. The applicant failed to establish that the contract contained any implied term requiring a hearing or mutual agreement prior to termination. Reliance on sections 14 and 17 of the Public Service Act was misplaced, as these provisions did not restrict the MEC's contractual right to terminate. The applicant's attempt to invoke constitutional and statutory provisions outside the contract was rejected, as the Labour Relations Act provides the appropriate remedy for unfair dismis…

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• Fixed Term Contracts
• Termination On Notice
• Jurisdiction Of Labour Court
• Contractual Claims Under Bcea
• Implied Terms
• Section 23 Constitution