South Africa Case Law

Tarentaal Centre Investments (Pty) Ltd v Beneficio Developments (15/2025)

Tarentaal Centre Investments (Pty) Ltd v Beneficio Developments (15/2025) [2025] ZASCA 38 (8 April 2025)

Court

Supreme Court of Appeal

Case number

15/2025

Judges

Mokgohloa, Hughes, Smith, Koen, Musi

The Supreme Court of Appeal held that the applicants failed to discharge the onus of proving that the interest rate charged under the loan agreements was usurious in the sense of extortion, oppression, or fraud. The agreements were bona fide commercial transactions, voluntarily concluded after negotiations between sophisticated parties, and the interest rate was consistent with industry norms for short-term bridging finance. The applicants did not present evidence of exceptional circumstances or reasonable prospects of success on appeal. The court reaffirmed the common law test for usurious t…

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• Usurious Transactions
• Public Policy In Contracts
• Interest Rate Enforcement
• Leave To Appeal Requirements

Rand Mutual Assurance Company Limited v Gore (A5045/2022)

Rand Mutual Assurance Company Limited v Gore (A5045/2022) [2024] ZAGPJHC 1093 (22 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A5045/2022

Judges

Manoim, Maier-Frawley, Allen

The court held that section 91(1) of COIDA does not impose an absolute time bar and allows for condonation of late objections, in line with constitutional principles protecting access to courts. The delay in lodging the objection was substantially caused by RMA's suggestion to pursue arbitration, and Gore acted diligently throughout. The full court was entitled to substitute its decision for that of the tribunal under section 91(5)(a)(iii), as the notice of appeal encompassed the relevant subsections and the relief sought was clear. The compensation calculation was based on the best available…

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• Condonation Of Late Filing
• Compensation For Permanent Disablement
• Interpretation Of Statutory Time Bar
• Substitution Of Award
• Leave To Appeal Requirements

Ntsako N.O and Another v Mthembu and Others (021190/2024)

Ntsako N.O and Another v Mthembu and Others (021190/2024) [2024] ZAGPPHC 780 (14 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

021190/2024

Judge

Cowen

The High Court dismissed an application for leave to appeal in an estate administration dispute, finding no reasonable prospects of success under section 17 of the Superior Courts Act.

• Leave To Appeal Requirements
• Customary Marriage Recognition
• Estate Administration
• Childs Share Claim
• Leave-to-appeal
• Estate-administration

Matsepe v Commissioner for the South African Revenue Services (40873/20)

Matsepe v Commissioner for the South African Revenue Services (40873/20) [2024] ZAGPPHC 626 (28 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

40873/20

Judge

MPN Mbongwe

The High Court dismissed an application for leave to appeal against a sequestration order, finding no reasonable prospects of success under section 17.

• Leave To Appeal Requirements
• Sequestration
• Tax Liability
• Section 172 Judgment
• Section 174 Treatment
• Leave-to-appeal

Phaleng-Podile v Compeg Services (Pty) Ltd and Others (22/19883)

Phaleng-Podile v Compeg Services (Pty) Ltd and Others (22/19883) [2024] ZAGPJHC 481 (6 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

22/19883

Judge

G Farber

The High Court dismissed an application for leave to appeal, finding the grounds inadequately framed and no reasonable prospect of a different outcome.

• Leave To Appeal Requirements
• Body Corporate Resolutions
• Supplementary Affidavit Admission
• Duty Of Good Faith
• Leave-to-appeal
• Body-corporate-resolutions

Ghubhelabm (Pty) Ltd and Another v R.A.W Truck Trading CC and Another (B3217/2023)

Ghubhelabm (Pty) Ltd and Another v R.A.W Truck Trading CC and Another (B3217/2023) [2024] ZAGPPHC 416 (26 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

B3217/2023

Judge

Vivian

The High Court refused leave to appeal in a truck vindication dispute, upheld a preservation lien, and maintained a costs order on Scale A.

• Leave To Appeal Requirements
• Preservation Lien
• Corporate Identity
• Costs Order
• Judicial Discretion
• Leave-to-appeal

Essack and Another v Sun International South Africa (Pty) Ltd and Others (2020/23294)

Essack and Another v Sun International South Africa (Pty) Ltd and Others (2020/23294) [2023] ZAGPJHC 1358 (15 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2020/23294

Judge

Bester

The High Court refused leave to appeal after upholding an exception, finding the plaintiff had not pleaded the required knowledge, negligence, or a pleaded common-law development case.

• Exception To Particulars Of Claim
• Statutory Duties Of Casino Licensees
• Aquilian Liability
• Development Of Common Law
• Excluded Persons In Gambling
• Leave To Appeal Requirements

Tshabalala v Mbatha and Another (16/12525)

Tshabalala v Mbatha and Another (16/12525) [2021] ZAGPJHC 750 (23 November 2021)

Court

South Gauteng High Court, Johannesburg

Case number

16/12525

Judge

Lombard

Leave to appeal was dismissed as fatally defective and out of time, with costs. The court also found no basis to disturb its earlier order on the property dispute.

• Intestate Succession
• Alienation Of Land Act
• Leave To Appeal Requirements
• Condonation
• Registration Of Property
• Leave-to-appeal

Naude NO and Others v Eskom Holdings SOC Limited (17339/2020)

Naude NO and Others v Eskom Holdings SOC Limited (17339/2020) [2021] ZAWCHC 190 (28 September 2021)

Court

Western Cape High Court, Cape Town

Case number

17339/2020

Judge

CN NZIWENI

The High Court dismissed an application for leave to appeal, finding the notice was skeletal and failed to show reasonable prospects of success.

• Leave To Appeal Requirements
• Contract Formation
• Settlement Agreements
• Electricity Supply
• Costs Orders
• Leave-to-appeal

Moller N.O and Another v Krypton Mining (Pty) Ltd and Another (25503/2021)

Moller N.O and Another v Krypton Mining (Pty) Ltd and Another (25503/2021) [2021] ZAGPPHC 497 (12 August 2021)

Court

North Gauteng High Court, Pretoria

Case number

25503/2021

Judge

N Davis

The court found that the applicants, by referring their employment dispute to the CCMA, conceded that the matter falls within the jurisdiction of the Labour Relations Act, which provides specific remedies and ousts the High Court's jurisdiction for unfair dismissal claims. The applicants did not base their application on a breach of contract of employment but rather on an alleged breach of the company's Memorandum of Incorporation, which does not govern employment relations. The court distinguished the present case from Baloyi, noting that the constitutional issue raised in Baloyi was absent…

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• Leave To Appeal Requirements
• Jurisdiction Of High Court
• Unfair Dismissal
• Alternative Remedies
• Shareholder Meeting Compulsion
• Peremption