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South Africa decisions
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Lubisi / GMH Joint Venture v SMC Enterprise 2 CC (2357/2022) [2025] ZAMPMBHC 1 (22 January 2025)
The High Court held that SMC Enterprise failed to prove payment of the Joint Venture’s invoices and ordered it to pay the outstanding R784,875 plus interest and costs.
Glencore Merafe Venture and Others v Commissioner for the South African Revenue Service (38144/22) [2024] ZAGPPHC 1196 (7 November 2024)
The court held that the Appeal Committee was entitled to raise and determine the adequacy of logbooks and record keeping, as the appeal was a wide appeal permitting a complete reconsideration of the merits. GMV was not the holder or cessionary of the necessary mining authorisation as required by Note 6(f)(ii)(cc) of Part 3 of Schedule 6 to the Customs Act, and therefore was not entitled to the diesel refunds claimed. The Commissioner’s discretion under Note 5 did not arise, as GMV was not legally entitled to the refunds. The applicants failed to provide sufficient records and logbooks to subs…
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Smart Civils Construction (Pty) Ltd and Another v Francis Transport and Plant Hire CC (A2023-051064) [2024] ZAGPJHC 394 (19 April 2024)
The High Court held that the subcontract was validly ceded to Smart, dismissed Radon’s liability, rejected the restricted-works claim, and limited additional P&G’s to R120,000.
Maziya General Services CC v Minister of Public Works N.O and Another (Appeal) (CA 240/2022) [2024] ZAECMKHC 42 (6 February 2024)
The High Court upheld an appeal against an exception, finding the pleadings in a joint-venture repudiation claim were sufficiently detailed under Rule 18(4).
Transnet SOC Limited v IGS Consulting Engineers CC and Others (34688/2017) [2019] ZAGPJHC 527 (11 December 2019)
High Court set aside five Transnet contracts tainted by fraudulent B-BBEE certificates and procurement irregularities, and ordered profits to be repaid.
Italtile Ceramics Ltd v Dhayalan Chockanathan Chetty and Another (34660/2009) [2011] ZAGPPHC 126 (13 July 2011)
The court found that the defendant, as joint venture partner and manager, breached his duty by extending unauthorized credit, manipulating stock records, and rolling stock through false entries in the SAP system. These actions were contrary to the plaintiff's cash-and-carry policy and resulted in substantial stock losses. The defendant failed to provide a plausible explanation for his conduct, and the evidence supported the inference that his actions caused patrimonial loss to the plaintiff. The court held that criminal intent is not required for condictio furtiva in civil law; wrongful handl…
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Lombard Insurance Company Ltd. v City of Cape Town (411/06) [2007] ZASCA 112; [2007] SCA 112 (RSA); [2008] 2 All SA 400 (SCA); 2008 (2) SA 423 (SCA) (21 September 2007)
The Supreme Court of Appeal held that an institutional guarantee covered Labor as sole contractor, not a joint venture, and dismissed the claim against the insurer.
City of Cape Town v Lombard Insurance Company Limited (5178/02) [2005] ZAWCHC 78 (24 October 2005)
The High Court held that Lombard Insurance was liable under an institutional guarantee after Labor’s liquidation, despite the work being done through a joint venture.
Balkgo's Construction and Another v Greater Representative Council and Others (640/2000) [2004] ZANWHC 5 (4 March 2004)
The court found that the First Defendant had paid the First Plaintiff for the contractual work performed. The cheques were issued in the name of the First Plaintiff and collected by Gert Pieterse, who was authorised by the registered members of the First Plaintiff to receive and keep the money until a bank account was opened. The evidence, including affidavits and correspondence, established that Pieterse acted with the knowledge and consent of the other members. The Plaintiffs' reliance on Bouwer NO v Saambou Bank Bpk. was misplaced, as Pieterse was not a third-party creditor but a member or…
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Construction and Allied Workers Union v Grinaker Civil engineering (J1453/00) [2002] ZALC 81; (2002) 23 ILJ 2248 (LC); [2003] 1 BLLR 5 (LC) (19 September 2002)
The Labour Court held that a joint venture, not the respondent company, was the true employer of the worker and ordered the applicant to pay 75% of costs.
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