South Africa Case Law

Medtronic (Africa) (Pty) Limited v Capital Endovascular (Pty) Limited and Another (2022/046095)

Medtronic (Africa) (Pty) Limited v Capital Endovascular (Pty) Limited and Another (2022/046095) [2025] ZAGPJHC 745 (5 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/046095

Judge

Adams

The court found that the true intention of the parties, as evidenced by the settlement negotiations and correspondence, was to settle for R48 million plus VAT. The reference to R32 million in words in the written agreement was a typographical error and did not reflect the parties' agreement. The authority of Mr Moodley to conclude the agreement was established by a power of attorney, and any alleged private instructions did not affect his authority as far as the applicant was concerned. The arbitral award was valid and enforceable, and the applicant was entitled to have it made an order of co…

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• Arbitration Act 42 Of 1965
• Enforcement Of Arbitral Award
• Interpretation Of Contracts
• Rectification
• Specific Performance

Ellis Structural and Civil Engineers CC v Egan Property Group (Pty) Ltd (23229/2018)

Ellis Structural and Civil Engineers CC v Egan Property Group (Pty) Ltd (23229/2018) [2025] ZAGPPHC 671 (8 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

23229/2018

Judge

E M Kubushi

The court held that the debts under the written and oral agreements became due monthly as the plaintiff was entitled to issue invoices for services rendered. The power to issue invoices lay solely with the plaintiff, and its failure to do so could not delay the running of prescription. The last possible date for the debts to become due was July 2014, and prescription commenced running from August 2014. Summons was issued in April 2018, after the three-year prescription period had expired for all claims. The court found that the alleged interruptions of prescription in June 2015 and May 2016 d…

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• Prescription Act
• Contractual Debt
• Interruption Of Prescription
• Acknowledgement Of Liability
• Interpretation Of Contracts

Cindi Family v Minister of Rural Development and Land Reform and Others (LCC 115/2008; LCC 026/2007)

Cindi Family v Minister of Rural Development and Land Reform and Others (LCC 115/2008; LCC 026/2007) [2025] ZALCC 8 (4 February 2025)

Court

Land Claims Court

Case number

LCC 115/2008; LCC 026/2007

Judge

Spilg

The Land Claims Court held that the Cindi Family had not clearly settled its land claim or waived restoration rights, and dismissed the landlords’ Rule 30(6) application.

• Restitution Of Land Rights Act
• Settlement Agreements
• Waiver Of Rights
• Interpretation Of Contracts
• Land-restitution
• Settlement-agreements

Best Drive Holdings (Pty) Limited and Another v Lewis (2022/027451)

Best Drive Holdings (Pty) Limited and Another v Lewis (2022/027451) [2025] ZAGPJHC 42 (22 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/027451

Judge

N.J. Graves

The High Court granted leave to appeal against refusal of an amendment to particulars of claim in a suretyship dispute, finding a reasonable prospect of success.

• Amendment Of Pleadings
• Suretyship Liability
• Parol Evidence Rule
• Interpretation Of Contracts
• Amendment-of-pleadings
• Suretyship-liability

Dube Tradeport Corporation v SMEC South Africa Proprietary Limited (17213/2022P)

Dube Tradeport Corporation v SMEC South Africa Proprietary Limited (17213/2022P) [2024] ZAKZPHC 111 (26 November 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

17213/2022P

Judge

Pietersen

The High Court dismissed an exception to particulars of claim in a contractual negligence dispute, finding the interpretation and prescription issues could not be decided on exception.

• Exception Procedure
• Contractual Limitation Of Liability
• Prescription
• Professional Negligence
• Pleading Requirements
• Interpretation Of Contracts

Chapmans Bay Estate Home Owners Association v Lotter and Others (525/2023)

Chapmans Bay Estate Home Owners Association v Lotter and Others (525/2023) [2024] ZASCA 153 (12 November 2024)

Court

Supreme Court of Appeal

Case number

525/2023

Judges

Mokgohloa, Weiner, Kgoele, Dolamo, Dippenaar

The SCA held that HOA penalty levies under clause 9.10 apply only to owners who took transfer directly from the developer, not subsequent owners.

• Home Owners Association
• Interpretation Of Contracts
• Penalty Levies
• Community Scheme Ombud Service Act
• Home-owners-associations
• Penalty-levies

Nissan South Africa (Proprietary) Limited v Senyatsi (1319/21)

Nissan South Africa (Proprietary) Limited v Senyatsi (1319/21) [2024] ZAGPPHC 930 (26 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

1319/21

Judge

Ntanga

The High Court held that a JICA training agreement survived a later employment contract, ordered repayment of reduced expenses, and granted judgment for the employer.

• Breach Of Contract
• Interpretation Of Contracts
• Novation
• Parol Evidence Rule
• Quantum Of Damages
• Breach-of-contract

Oudtshoorn v Saltus Holdings Africa (Pty) Ltd t/a Carbon Fibre Designs (27959/2022)

Oudtshoorn v Saltus Holdings Africa (Pty) Ltd t/a Carbon Fibre Designs (27959/2022) [2024] ZAGPPHC 1008 (25 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

27959/2022

Judge

Retief

The High Court granted provisional liquidation, finding the applicant was a creditor and that the respondent failed to show a bona fide dispute or commercial solvency.

• Provisional Liquidation
• Creditor Locus Standi
• Company Debt
• Interpretation Of Contracts
• Commercial Insolvency
• Provisional-liquidation

Dream World Investments 401 (Pty) Ltd v SMD Technologies (Pty) Ltd (55460/2020)

Dream World Investments 401 (Pty) Ltd v SMD Technologies (Pty) Ltd (55460/2020) [2024] ZAGPPHC 907 (11 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

55460/2020

Judge

Lingenfelder

The High Court granted leave to amend particulars of claim in a contract dispute over thermometers, holding the proposed amendment was not plainly excipiable.

• Amendment Of Pleadings
• Contractual Terms
• Exclusion Of Liability
• Interpretation Of Contracts
• Amendment-of-pleadings
• Excipiable-pleadings

Solidarity obo Members v Eskom Holdings (JS795/2022)

Solidarity obo Members v Eskom Holdings (JS795/2022) [2024] ZALCJHB 356 (5 September 2024)

Court

Labour Court Johannesburg

Case number

JS795/2022

Judge

Prinsloo

The Labour Court granted absolution from the instance in a dispute over Eskom’s reduction of an overtime rate, finding no prima facie contractual breach.

• Collective Agreements
• Specific Performance
• Interpretation Of Contracts
• Absolution From The Instance
• Absolution-from-the-instance
• Contract-interpretation