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South Africa decisions
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Knoetze v Botes N.O (1802/2020) [2025] ZAECMKHC 37 (15 April 2025)
The court held the developer liable for damages after finding it fraudulently failed to disclose a latent roof-truss defect that caused a fire.
Walser Wine Projects (Pty) Ltd v Wine Machinery Group (Pty) Ltd (18693/2020) [2024] ZAWCHC 439 (6 December 2024)
The court found that the plaintiff failed to prove on a balance of probabilities that the wine filler was defective due to improper pickling and passivation, or that iron or rust from the filler caused the oxidation and spoilage of the wines. Expert evidence established that iron acts only as a catalyst and does not cause oxidation unless oxygen is present, and the levels of iron detected in the wines were below internationally accepted limits. The plaintiff did not demonstrate that the rust observed was attributable to a manufacturing defect, nor did it establish the necessary causal link be…
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Gortzen and Another v Moolman (A3022-2021) [2024] ZAGPJHC 185 (28 February 2024)
The court found that the damp in the property was a latent defect, not apparent to the respondent at the time of purchase. Both appellants were aware of the defect: the second appellant had arranged for extensive cosmetic repairs to conceal the damp, and the first appellant failed to disclose his knowledge of the issue in the sale agreement's disclosure form. The court held that their conduct amounted to fraudulent concealment (dolo malo), rendering the voetstoots clause inapplicable. The measure of damages was appropriately based on the actual cost of repairs, as evidenced by the invoice, si…
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Chuma v Bondcor (Pty) Ltd and Others (4151/2020) [2023] ZAGPPHC 1131 (5 September 2023)
The court held that a dolomitic latent defect was fraudulently withheld in a property sale and ordered repayment under actio redhibitoria.
Tractor World v Mzwali (CA 105/2022) [2023] ZAECMKHC 23 (14 March 2023)
Appeal dismissed: the appellant’s plea did not disclose a bona fide defence to summary judgment over a defective maize planter.
Barnado v National Consumer Commission and Others (47933/17) [2021] ZAGPPHC 531 (26 August 2021)
The court found that the National Consumer Commission failed to comply with its statutory mandate under the Consumer Protection Act by not efficiently investigating and enforcing the applicant’s complaint. The third respondent’s refusal to refund or replace the defective vehicle, despite clear recommendations from the Motor Industry Ombudsman, constituted prohibited conduct under the Act. The Commission’s tardiness and ineffective response undermined the purpose of the Act, which is to provide speedy and effective redress for consumers. The court ordered the respondents to comply with their s…
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Kondile v Nothnagel NO (49891/2016) [2018] ZAGPPHC 858 (19 August 2018)
The plaintiff failed to prove fraudulent concealment of the absence of a certificate of occupation and the impediments to obtaining it. While the absence and impediments constituted a latent defect, the voetstoots clause exempted the defendant from liability unless dolo malo was established, which was not. The defendant validly cancelled the agreement and invoked the rouwkoop clause, entitling him to retain the deposit. Counterclaims for rates and levies incurred prior to cancellation and interest on the purchase price were upheld as contractual entitlements. Claims for auctioneer's commissio…
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Sentinel Trust and Others v Barns N.O. and Others (A264/2014) [2016] ZAGPPHC 535 (10 March 2016)
The High Court upheld an appeal over a share sale dispute involving mining rights, finding no proved misrepresentation by the sellers and confirming cancellation.
Ismail NO and Another v Erf 87 Dullstroom CC (A357/2015) [2015] ZAGPPHC 835 (11 December 2015)
Appeal dismissed where sellers knew of a road reserve affecting the property and could not rely on a voetstoots clause to avoid liability for non-disclosure.
Vousvoukis v Queen Ace CC t/a Ace Motors (3878/2013) [2015] ZAECGHC 64; 2016 (3) SA 188 (ECG) (19 June 2015)
High Court case on a used BMW’s engine failure, the Consumer Protection Act, and actio redhibitoria. The court dismissed the buyer’s claim for refund and costs.
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