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South Africa decisions
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Preference Capital (Pty) Ltd v Hunter (12954/23) [2025] ZAWCHC 17 (20 January 2025)
The High Court refused summary judgment after finding the respondent raised a bona fide defence based on disputed signature and alleged misrepresentation.
Nedbank Limited v Marx (42653/2021) [2024] ZAGPPHC 619 (19 June 2024)
Summary judgment was dismissed because the supporting affidavit was virtually commissioned without evidence justifying condonation, and the respondent’s defence was bona fide.
Nedbank Limited v Altivex 15 (Pty) Ltd and Others (042994/2023) [2024] ZAGPPHC 597 (18 June 2024)
The court found that the affidavit supporting summary judgment was non-compliant due to remote commissioning, and no explanation for such non-compliance was provided. Without a factual basis for exercising discretion, the court could not condone the non-compliance. The failure of the commissioner to state his designation was condoned as a bona fide oversight with explanation. The respondents' defence of iustus error was rejected as they failed to establish misrepresentation or a sustainable defence in law. Regarding Rule 46A, the respondents provided sufficient information to engage the court…
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Rabothatha and Others v Sun International Limited and Another (52365/2020) [2023] ZAGPPHC 1969 (23 November 2023)
The High Court dismissed employees’ claims over revoked performance-based pay increases, holding the increases fell outside the collective agreement and were unenforceable.
Naidoo and Another v Wakefields Real Estate (Pty) Limited (AT638/17) [2023] ZAKZPHC 95 (22 September 2023)
High Court appeal over estate agent commission dismissed. The court held the agreement was binding, the amended commission clause caused no prejudice, and no iustus error was proved.
Sunlyn (Pty) Ltd and Others v Smart Drawn Projects (Pty) Ltd and Others (1937/2022) [2023] ZANWHC 145 (17 August 2023)
The court found that the defendants' reliance on iustus error was not supported by the facts or law. The agreement and guarantee clearly identified Sunlyn as the contracting party, and the defendants signed these documents without raising any queries, despite being experienced businesspersons. The principle of caveat subscriptor applies, binding the defendants to the terms of the agreement they signed. The alleged mistake regarding the identity of the contracting party was not reasonable or excusable, and there was no evidence of misrepresentation by Sunlyn. Furthermore, the evidence showed t…
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Theron v TWK Agri (Pty) Ltd (1431/2022) [2023] ZAFSHC 272 (18 July 2023)
The court found that the second defendant provided a reasonable explanation for her default, as she had instructed her attorney to defend the matter and was unaware of the failure to file a plea. The court accepted that she was not in wilful default. Furthermore, the second defendant raised a bona fide defence based on the alleged concealment of the suretyship clause in the credit agreement, invoking the principle of iustus error. The court held that this defence could only be properly adjudicated after evidence is led. Accordingly, the court exercised its discretion to rescind the default ju…
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MEC: Free State Provincial Government: Department of Police, Roads and Transport v Sedtrade (Pty) Ltd (1845/2022) [2023] ZAFSHC 243 (19 June 2023)
The High Court rescinded a consent order against the Free State Department over roadworks payments, finding a bona fide defence and ordering attorney-and-client costs.
De Beer v Geldenhuys (65535/2014) [2022] ZAGPPHC 905 (24 November 2022)
The court found that the applicant was represented by senior counsel and attorney when consenting to the order, and there was no evidence that the advice conflicted with his instructions. The applicant's subsequent attempt to rescind the order was opportunistic and aimed at delaying proceedings, especially after benefiting from not having to testify in the civil action before facing criminal charges. The delay in bringing the application and failure to oppose the application to strike out, file a replying affidavit, or comply with court directives indicated a lack of bona fides. The court hel…
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J.A.N v N.C.N (2283/2021) [2022] ZAECMKHC 47 (10 August 2022)
The court held that the application for leave to appeal must fail as there are no reasonable prospects of success. The Plascon-Evans rule was correctly applied, as the relief sought was final and genuine disputes of fact existed on the papers. The authorities cited, including Slabbert and Storti, support the application of the rule in rescission proceedings involving consent orders. The applicant failed to establish a common mistake or lack of informed consent sufficient to justify rescission. The principles of finality and sanctity of judgments were properly emphasised, and no legal basis wa…
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