South Africa Case Law

Mavela v Outsurance Insurance Company Limited (2887/2021)

Mavela v Outsurance Insurance Company Limited (2887/2021) [2025] ZAFSHC 95 (28 March 2025)

Court

Free State High Court, Bloemfontein

Case number

2887/2021

Judge

JP Daffue

The court found that the defendant proved both defences relied upon: first, that the plaintiff provided false and misleading information material to the assessment of the claim, and second, that the plaintiff drove his vehicle whilst under the influence of alcohol at the time of the collision. The evidence of the defendant's witnesses was credible, corroborative, and withstood cross-examination, while the plaintiff's version was illogical, improbable, and contradicted by both physical evidence and witness testimony. The insurance policy expressly excluded cover in cases of dishonesty or drivi…

Source excerpt

• Insurance Contract
• Material Misrepresentation
• Driving Under Influence
• Policy Repudiation

Mabaso v Discovery Life (J1155/20)

Mabaso v Discovery Life (J1155/20) [2024] ZALCJHB 280; (2024) 45 ILJ 2751 (LC) (2 August 2024)

Court

Labour Court Johannesburg

Case number

J1155/20

Judge

Prinsloo

The Labour Court refused to make a voluntary separation agreement an order of court because it was not a settlement of a justiciable LRA dispute.

• Settlement Agreement
• Section 158 1 C
• Voluntary Retrenchment
• Jurisdiction
• Material Misrepresentation
• Labour-law

Molefe v Miway Insurance Company Ltd

Molefe v Miway Insurance Company Ltd [2023] ZAGPPHC 489; A189/2022 (20 June 2023)

Court

North Gauteng High Court, Pretoria

Case number

A189/2022

Judges

C K Matshitse, Neukircher

Appeal upheld where the insurer failed to prove material prejudice from alleged dishonesty in a stolen-vehicle claim. The insured’s claim was reinstated on the merits.

• Insurance Contract
• Material Misrepresentation
• Repudiation Of Claim
• Contra Proferentem
• Burden Of Proof
• Insurance-contract

Hahn & Hahn Inc v Trustco Group International (Pty) Ltd (2010/03199)

Hahn & Hahn Inc v Trustco Group International (Pty) Ltd (2010/03199) [2022] ZAGPPHC 952 (5 December 2022)

Court

North Gauteng High Court, Pretoria

Case number

2010/03199

Judge

C J van der Westhuizen

The High Court revoked Patent No. 2010/03199 for lack of novelty and inventive step, and refused amendment and certification of validity.

• Patent Revocation
• Novelty
• Inventive Step
• Business Method Exclusion
• Amendment Of Patent Specification
• Material Misrepresentation

King Price Insurance Company Ltd v Concise Consulting Services (Pty) Ltd (1067/2019)

King Price Insurance Company Ltd v Concise Consulting Services (Pty) Ltd (1067/2019) [2021] ZASCA 42 (13 April 2021)

Court

Supreme Court of Appeal

Case number

1067/2019

Judges

Mbha, Zondi, Molemela, Kgoele, Rogers

The Supreme Court of Appeal held that false statements by an insured’s employee during claims validation were not attributable to the insured, so repudiation failed.

• Insurance Contract
• Repudiation Of Claim
• Agency
• Material Misrepresentation
• Insurance-contract
• Repudiation-of-claim

Villa Crop Protection (Pty) Ltd v Bayer Intellectual Property GmbH (2005/00230)

Villa Crop Protection (Pty) Ltd v Bayer Intellectual Property GmbH (2005/00230) [2021] ZACCP 1; 2021 BIP 2 (COP) (14 January 2021)

Court

Court of the Commissioner of Patents

Case number

2005/00230

Judge

AC Basson

The court found that the application for leave to appeal was premature and would result in a piece-meal consideration of the case, which is discouraged by South African courts. The refusal to allow the amendment to the plea was not definitive of the parties' rights nor did it dispose of a substantial portion of the relief claimed. Villa Crop would not be precluded from raising the issues in the main proceedings, and the interests of justice did not require the amendment to be granted at this stage. The application did not meet the threshold for reasonable prospects of success as set out in se…

Source excerpt

• Patent Amendment
• Leave To Appeal Test
• Special Plea
• Material Misrepresentation
• Costs Award

Concise Consulting Services (Pty) Limited v King Price Insurance Company Limited (A88/2018)

Concise Consulting Services (Pty) Limited v King Price Insurance Company Limited (A88/2018) [2019] ZAGPPHC 275 (9 May 2019)

Court

North Gauteng High Court, Pretoria

Case number

A88/2018

Judges

T E Joyini, J W Louw

High Court appeal in an insurance repudiation dispute; the court held the insurer failed to prove material misrepresentation and upheld indemnity.

• Insurance Contract Interpretation
• Material Misrepresentation
• Burden Of Proof
• Absolute Warranty
• Repudiation Of Claim
• Insurance-contract-interpretation

Jalite (Pty) Ltd v Shanghai Furniture Import & Export CC (223/2018)

Jalite (Pty) Ltd v Shanghai Furniture Import & Export CC (223/2018) [2019] ZASCA 39 (29 March 2019)

Court

Supreme Court of Appeal

Case number

223/2018

Judges

Leach, Zondi, Mocumie, Mokgohloa, Matojane

The Supreme Court of Appeal held that the lease was not based on square meterage, no material misrepresentation was proved, and the lessee was not entitled to cancel.

• Lease Agreement
• Material Misrepresentation
• Contract Repudiation
• Damages For Breach
• Rescission Of Contract
• Commercial-lease

Mashele v Momentum Insurance and Another (15304/2016)

Mashele v Momentum Insurance and Another (15304/2016) [2017] ZAGPJHC 33 (2 March 2017)

Court

South Gauteng High Court, Johannesburg

Case number

15304/2016

Judge

Ratshibvumo

The High Court ordered specific performance under a short-term insurance policy, finding the insurer failed to justify repudiation of a motor collision claim.

• Specific Performance
• Insurance Contracts
• Short Term Insurance Act
• Material Misrepresentation
• Repudiation Of Claim
• Assessment Of Risk

BT Monareng Construction CC and Another v Emalahleni Local Municipality (21010/2011)

BT Monareng Construction CC and Another v Emalahleni Local Municipality (21010/2011) [2015] ZAGPPHC 724 (18 September 2015)

Court

North Gauteng High Court, Pretoria

Case number

21010/2011

Judge

Van der Westhuizen

The High Court dismissed a municipality’s counterclaim that a tender was void for misrepresentation and upheld enforcement of an arbitration award.

• Arbitration Award Enforcement
• Material Misrepresentation
• Preferential Procurement Policy Framework Act
• Contract Voidability
• Onus Of Proof
• Extension Of Arbitration Period