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South Africa decisions
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E.M.D and Another v Fourie and Others - Reasons (2493/2019) [2023] ZAECQBHC 46 (17 August 2023)
The court held that a deed of sale and power of attorney for jointly owned property were invalid because one co-owner did not sign or authorise them.
Zeelie N.O v Mjejane Parent Game Reserve Home Owners Association NPC and Others (4033/2021) [2023] ZAMPMBHC 16 (8 March 2023)
The court found that the Wildlife Agreement was backdated and referenced servitude registration numbers that did not exist at the purported signing date, evidencing an attempt to circumvent the Ebersohn AJ order. The respondents failed to provide plausible explanations or refute the applicant's evidence. The agreements were concluded without proper beneficiary approval, in violation of both the Trust Deed and the prior court order. The court held that the agreements unlawfully encumbered Trust property, excluded beneficiaries, and were concluded for no consideration, undermining the purpose o…
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Africa Wide Construction (Pty) Ltd v Eskom Holdings Limited (32549/2018) [2021] ZAGPJHC 96 (21 January 2021)
The High Court dismissed Africa Wide Construction’s exception to Eskom’s plea, holding that a procurement-invalidity defence can be raised as a collateral challenge.
Youmessi Trading CC v Khaka Siphunzi (1057/2017) [2021] ZAECELLC 1 (19 January 2021)
The plaintiff failed to prove the existence of a valid oral lease agreement with the defendant. There was no credible evidence of rental payments, occupation, or a proper handover of the premises. The sale of Hartwick Technical College was found to be invalid as the business did not exist as a going concern, was not registered or licensed, and no assets or licences were transferred. The plaintiff misrepresented the existence and legality of the business, and the defendant was fraudulently induced to pay R700,000 for a non-existent entity. The defendant is entitled to restitution of the purcha…
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MEC Department of Public Works, Eastern Cape v Mpumlwana (86/20) [2020] ZAECMHC 58 (1 December 2020)
The court held that two negotiated lease agreements with a provincial department were invalid for non-compliance with section 217 and ordered eviction.
Victor v Strohmenger and Another (2020/2015) [2020] ZANCHC 79 (20 November 2020)
The High Court upheld an appeal about an invalid land transaction and ordered restitution, finding the respondent’s donation defence was invalid and unsupported.
Manyakama v Magqabi Seth Zitha Inc (318/2019) [2019] ZAECGHC 133 (17 December 2019)
The court found that the contingency fee agreement between the applicant and respondent did not comply with the Contingency Fees Act. The agreement allowed the respondent to deduct 25% of the capital award without a taxed bill of costs and included clauses permitting additional agreements with subcontractors, which are not permitted by the Act. The respondent's concessions and arguments for rectification were rejected, as strict compliance is required and any non-compliant agreement is void. The applicant demonstrated that the respondent allocated itself exactly 25% of the capital award witho…
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Slabbert v Du Plessis (A5052/2018) [2019] ZAGPJHC 190 (3 June 2019)
The court found that the transaction between the parties was part of the fraudulent Brusson scheme and therefore invalid. Ownership of the immovable property never lawfully passed from the respondent to the appellant. Any subsequent oral agreement was also invalid as it did not comply with the Alienation of Land Act, which requires written agreements for the sale of land. The appellant's reliance on estoppel was rejected, as the law does not permit the validation of an unlawful transaction through estoppel. The court held that the respondent was entitled to restitution of her property and tha…
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Jezile and Others v Mnquma Local Municipality (167/18) [2018] ZAECMHC 36 (31 July 2018)
The court found that although employment contracts were purportedly concluded between the applicants and the Municipality, the process was fundamentally flawed due to the absence of an approved budget and lack of proper authority. The Acting Municipal Manager, Mr Plata, acted beyond his powers, and the recruitment process was terminated before the applicants signed their appointment letters. The Municipality was legally obliged to correct the irregularity and was entitled to challenge the validity of the contracts. The applicants failed to provide sufficient evidence of budgetary approval, an…
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Chiloane v Ephraim Mogale Local Municipality (82462/14) [2018] ZAGPPHC 257 (25 April 2018)
The court found that although a sale agreement appeared to have been concluded between the applicant and the respondent, the Municipal Manager lacked the authority to bind the municipality in the absence of a council resolution as required by section 14(2) of the Municipal Finance Management Act. The sale agreement was therefore concluded ultra vires and was null and void. As the underlying contract was invalid, the settlement agreement purporting to enforce transfer of the property could not be made an order of court. The respondent, not being the owner and lacking council authorisation, cou…
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