South Africa Case Law

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

Mwelase Korffie (Pty) Ltd v Free State Development Corporation (5020/2022)

Mwelase Korffie (Pty) Ltd v Free State Development Corporation (5020/2022) [2025] ZAFSHC 123 (11 April 2025)

Court

Free State High Court, Bloemfontein

Case number

5020/2022

Judge

JP Daffue

High Court prescription dispute over consultancy fees: the court held most of the claim had prescribed, but awarded R1.8 million, interest and costs.

• Prescription Act
• Consultancy Agreement
• Retainer Fees
• Interruption Of Prescription
• Contractual Interpretation
• Prescription

East and West Investments (Pty) Ltd and Others v Marsh (Pty) Ltd (7246/2022)

East and West Investments (Pty) Ltd and Others v Marsh (Pty) Ltd (7246/2022) [2025] ZAGPPHC 147 (12 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

7246/2022

Judge

T E Joyini

The High Court granted leave to amend particulars of claim, holding that prescription issues should be raised in the main action, not decided on amendment.

• Amendment Of Pleadings
• Prescription Act
• Interruption Of Prescription
• Judicial Discretion
• Costs Award
• Amendment-of-pleadings

Moodliyar and Bedhesi Attorneys v Y.M and Another (A2024/016195)

Moodliyar and Bedhesi Attorneys v Y.M and Another (A2024/016195) [2024] ZAGPJHC 1288 (13 December 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A2024/016195

Judges

Mudau, Dippenaar, Farber

The court held that the amendment to the particulars of claim, which cited the respondents in their representative capacities as guardians of the minor child, amounted to the introduction of new parties to the proceedings. The original summons cited the respondents only in their personal capacities, and individuals in personal and representative capacities are legally distinct. The process did not communicate an intention to claim against the respondents in their representative capacities, and thus section 15(1) of the Prescription Act did not interrupt prescription for those capacities. The…

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• Extinctive Prescription
• Interruption Of Prescription
• Amendment Of Pleadings
• Misnomer Vs Substitution
• Representative Capacity
• Uniform Rule 28

President of the Republic of South Africa and Another v Tembani and Others (CCT 162/22)

President of the Republic of South Africa and Another v Tembani and Others (CCT 162/22) [2024] ZACC 5; 2024 (9) BCLR 1152 (CC); 2025 (2) SA 371 (CC) (6 May 2024)

Court

Constitutional Court

Case number

CCT 162/22

Judges

Zondo CJ, Dodson AJ, Kollapen J, Mathopo J, Mhlantla J, Rogers J, Schippers AJ, Tshiqi J

The Constitutional Court held that prescription for the plaintiffs' delictual claims began to run when they had knowledge of the facts giving rise to the debt, which was by 21 July 2015 at the latest. The subsequent confirmation of constitutional invalidity by the Court did not delay the completion of the cause of action; the President's conduct was unconstitutional at the time it occurred, not only from the date of the Court's order. The Law Society application and the intervention by certain plaintiffs did not interrupt prescription, as those proceedings did not constitute processes whereby…

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• Prescription Act
• Constitutional Invalidity
• Delictual Liability
• International Treaty Obligations
• Condonation Application
• Interruption Of Prescription

M.M v Henley Air (Pty) Ltd (7470/2022)

M.M v Henley Air (Pty) Ltd (7470/2022) [2024] ZALMPPHC 29 (2 April 2024)

Court

Limpopo High Court, Polokwane

Case number

7470/2022

Judge

Kganyago

The court held that the plaintiff failed to plead interruption of prescription in her particulars of claim and did not file a replication after the defendant raised prescription by special plea. The issue of interruption was only raised in heads of argument, which is procedurally improper and prejudicial to the defendant. The defendant's without prejudice letter did not contain an unequivocal acknowledgment of liability and expressly denied liability, thus falling outside the exception established in KLD Residential CC v Empire Earth Investment. The defendant was entitled to raise prescriptio…

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• Prescription Act
• Special Plea
• Interruption Of Prescription
• Without Prejudice Rule
• Pleadings Requirements

Liu v Minister of Finance and Others (72053/2015)

Liu v Minister of Finance and Others (72053/2015) [2024] ZAGPPHC 174 (29 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

72053/2015

Judge

Rust

The court found that the prescription of the plaintiff's claims against SARS was interrupted as contemplated in section 15(1) of the Prescription Act by service of the section 3 notice on SARS on 19 February 2014 and/or by service of the combined summons on the First Defendant on 9 September 2015. The court accepted that both the First and Second Defendants are organs of state with a close nexus, and that service on one could interrupt prescription against the other, particularly where SARS was aware of the claim and its connection to the action. The special plea of prescription raised by SAR…

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• Prescription Act
• Malicious Prosecution
• Interruption Of Prescription
• Institution Of Legal Proceedings Against Organs Of State

Bisschoff N O obo Denzil John Reyners v Passenger Rail Agency of South Africa (727/2022)

Bisschoff N O obo Denzil John Reyners v Passenger Rail Agency of South Africa (727/2022) [2023] ZASCA 160 (28 November 2023)

Court

Supreme Court of Appeal

Case number

727/2022

Judges

Mbatha, Mabindla-Boqwana, Matojane, Nhlangulela, Kathree-Setiloane

The Supreme Court of Appeal held that prescription had not run against a claimant under a disability and began only when a curator ad litem was appointed.

• Prescription Act
• Extinctive Prescription
• Curatorship
• Mental Capacity
• Special Plea
• Interruption Of Prescription

Firm-O-Seal CC v Wynand Prinsloo and Van Eeden Inc and Another (3731 / 2020)

Firm-O-Seal CC v Wynand Prinsloo and Van Eeden Inc and Another (3731 / 2020) [2023] ZAMPMHC 34 (19 October 2023)

Court

Middelburg High Court, Mpumalanga

Case number

3731 / 2020

Judge

TV Ratshibvumo

High Court prescription ruling in a legal-malpractice dispute: claims about accountings and negligence largely survived, but one damages claim was held prescribed.

• Prescription Act
• Professional Negligence
• Statement Of Account
• Burden Of Proof
• Interruption Of Prescription
• Prescription-act

Essence Lading CC v Infiniti Insurance Ltd Mediterranean Shipping Company (Pty) Ltd (2022/4024)

Essence Lading CC v Infiniti Insurance Ltd Mediterranean Shipping Company (Pty) Ltd (2022/4024) [2023] ZAGPJHC 676; [2023] 3 All SA 410 (GJ); 2024 (2) SA 407 (GJ) (9 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/4024

Judge

D Marais

The High Court held that a wrong-defendant citation could not be fixed by Rule 28 without proper notice to the new party, and dismissed the amendment application.

• Amendment Of Pleadings
• Joinder And Substitution
• Misnomer Vs Substitution
• Uniform Rule 28
• Interruption Of Prescription
• Amendment-of-pleadings