South Africa Case Law

Johannesburg Social Housing Company Ltd v Quick System (Pty) Ltd and Others (2023/027220)

Johannesburg Social Housing Company Ltd v Quick System (Pty) Ltd and Others (2023/027220) [2025] ZAGPJHC 744 (25 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/027220

Judge

M V Noko

The High Court reviewed and set aside a public tender award after finding material misrepresentation in the bid and ordered a third-party valuation of work done.

• Public Procurement Review
• Misrepresentation In Tender
• Piercing Corporate Veil
• Constitutional Invalidity
• Joint And Several Liability
• Public-procurement-review

Interlagos Trading (Pty) Ltd and Others v Sundale Free Range Dairy (Pty) Ltd (D8288/2024)

Interlagos Trading (Pty) Ltd and Others v Sundale Free Range Dairy (Pty) Ltd (D8288/2024) [2025] ZAKZDHC 42 (11 July 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D8288/2024

Judge

Olsen J

The High Court upheld exceptions to a prolix particulars of claim in a commission dispute, finding the plaintiffs had not clearly pleaded a cause of action or joint liability.

• Pleading Requirements
• Vagueness And Embarrassment
• Joint And Several Liability
• Commission Agreements
• Agency
• Striking Out

Standard Bank of South Africa Ltd v Ramodibedi and Another (2024/029976)

Standard Bank of South Africa Ltd v Ramodibedi and Another (2024/029976) [2025] ZAGPJHC 641 (27 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/029976

Judge

EF Dippenaar

The court found that the respondents' obligations under the guarantee and settlement agreement are independent and joint and several with those of Mr Dikhuba. The existence of a judgment against Mr Dikhuba does not release the respondents from liability, nor does it result in double recovery, as payment by any party absolves the others to the extent of payment. The settlement agreement did not novate the guarantee, and no apportionment of liability was agreed. The respondents failed to establish any factual or legal basis for their public policy defence, and their interpretation of the agreem…

Source excerpt

• Guarantee Liability
• Joint And Several Liability
• Settlement Agreement Enforcement
• Public Policy Contracts
• Pacta Sunt Servanda

Lekalakala v Kramer Weihmann Inc and PJ Joubert (5087/2023)

Lekalakala v Kramer Weihmann Inc and PJ Joubert (5087/2023) [2025] ZAFSHC 187 (20 June 2025)

Court

Free State High Court, Bloemfontein

Case number

5087/2023

Judge

Greyling-Coetzer

The court found that section 34(7)(c) of the Legal Practice Act, as well as analogous provisions in the Companies Acts and Attorneys Act, create joint and several liability for directors and past directors of personal liability companies. However, this statutory liability does not require all potentially liable directors to be joined in the proceedings, as the plaintiff is entitled to select whom to sue among joint and several debtors. The non-joined parties do not have a direct and substantial interest in the subject matter of the litigation that would be prejudiced by the outcome, and thus…

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• Non Joinder
• Lis Pendens
• Personal Liability Company
• Joint And Several Liability
• Legal Practice Act
• Third Party Proceedings

Firstrand Bank Limited v Badenhorst and Others (5793/2023)

Firstrand Bank Limited v Badenhorst and Others (5793/2023) [2025] ZALMPPHC 97 (14 May 2025)

Court

Limpopo High Court, Polokwane

Case number

5793/2023

Judge

Kganyago

The court found that the trust deed, when read as a whole, permitted the trustees to appoint a third party to act as agent and sign documents on their behalf. The resolution signed by all trustees expressly authorised the second respondent to sign the suretyship, and this was not ultra vires the trust deed. The respondents' reliance on clause 9.1 was misplaced, as clause 7.2 allowed for such appointment. The suretyship was therefore valid and enforceable. The first to third and eighth respondents were in default and did not oppose the merits. The applicant made out a cogent case for judgment…

Source excerpt

• Suretyship
• Trust Deed Authority
• Mortgage Bond Enforcement
• Default Judgment
• Joint And Several Liability

Mahofa v Protobac (Pty) Ltd and Another (JS162/24)

Mahofa v Protobac (Pty) Ltd and Another (JS162/24) [2025] ZALCJHB 95 (3 March 2025)

Court

Labour Court Johannesburg

Case number

JS162/24

Judge

M Makhura

The Labour Court upheld an exception to an amended statement of claim, finding no pleaded basis for joint liability or salary claims against the second defendant.

• Exception Procedure
• Cause Of Action
• Joint And Several Liability
• Employment Contract
• Accrued Leave
• Unpaid Salary

Quatro Security Services (Pty) Ltd and Others v De Marionette Centre Investments (Pty) Ltd and Others (018984/2024)

Quatro Security Services (Pty) Ltd and Others v De Marionette Centre Investments (Pty) Ltd and Others (018984/2024) [2024] ZAGPPHC 1272 (27 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

018984/2024

Judge

Nyathi

The court enforced an unconditional settlement agreement and awarded judgment for the unpaid balance, rejecting rectification and tacit-terms defences.

• Acknowledgement Of Debt
• Rectification Of Contract
• Non Variation Clause
• Motion Proceedings
• Joint And Several Liability
• Rectification-of-contract

Calculus Engineering and Project Management (Pty) Ltd v WBHO Construction (Pty) Ltd and Others (3396/2022)

Calculus Engineering and Project Management (Pty) Ltd v WBHO Construction (Pty) Ltd and Others (3396/2022) [2024] ZAECQBHC 68 (17 October 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

3396/2022

Judge

B.B. Brody

The court found that the order granted on 21 September 2023 was procedurally irregular and erroneously granted in the absence of Calculus Engineering and Project Management (Pty) Ltd, who was not properly cited as a third party. The Consortium, not being a legal entity, could not be sued in its own name, and all members should have been cited individually. The joint and several liability order was not appropriate, as the claims against the parties were based on different contracts and not delict. The procedural defects in the third-party notice and the absence of proper citation and notice to…

Source excerpt

• Rescission Of Judgment
• Third Party Joinder
• Uniform Rule 42
• Non Joinder
• Joint And Several Liability

Firstrand Bank Limited v Initiative for Specialized Resource Management (Pty) Ltd and Others (046733/2023)

Firstrand Bank Limited v Initiative for Specialized Resource Management (Pty) Ltd and Others (046733/2023) [2024] ZAGPPHC 987 (26 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

046733/2023

Judge

Williams

The court held that initials on a suretyship satisfied the signature requirement and condoned an omitted hearing date in the notice of motion, granting judgment.

• Suretyship Formalities
• Condonation Of Irregularity
• Notice Of Motion Requirements
• Joint And Several Liability
• Suretyship-formalities
• Notice-of-motion

Business Partners Ltd v Horner-Sikenqe and Others (1481/2024)

Business Partners Ltd v Horner-Sikenqe and Others (1481/2024) [2024] ZAECMKHC 99 (20 August 2024)

Court

Eastern Cape High Court, Makhanda

Case number

1481/2024

Judge

B.B. Brody

The High Court granted default judgment against a surety who admitted no valid defence and merely sought time to privately sell property to avoid a sheriff’s sale.

• Suretyship
• Default Judgment
• Joint And Several Liability
• Enforcement Of Debt
• Default-judgment
• Joint-and-several-liability