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South Africa decisions
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Naude and Another v South African Legal Practice Council (A262/2023) [2025] ZAGPPHC 774 (12 August 2025)
The High Court upheld an appeal against the suspension of attorney Wynand Naude, finding the LPC’s investigation and urgent suspension application were unjustified.
Makhabo v Viljoen and Others (2022/059140) [2025] ZAGPPHC 688 (9 July 2025)
The court granted summary judgment for R500,000 after finding no bona fide defence to misrepresentation and undue enrichment arising from an uncompleted franchise deal.
Sayers v Snaid and Morris Incorporated (130616/2023) [2025] ZAGPJHC 665 (8 July 2025)
The High Court granted a final winding-up order, finding the respondent unlawfully misrepresented liability for fees and pursued inflated execution against a creditor.
Royal AM Football Club (Pty) Ltd v National Soccer League and Others (2025/054266) [2025] ZAGPPHC 664 (7 July 2025)
The High Court upheld PSL’s termination of Royal AM’s membership, finding the Board had power to act and that the club misrepresented material facts and failed to meet obligations.
S v Hlungwani (A154/2024) [2025] ZAGPPHC 645 (12 June 2025)
The Court held that the Regional Court erred in granting a discharge under Section 174 of the Criminal Procedure Act, as the State had presented sufficient evidence to establish a prima facie case of fraud and procurement irregularities. The unchallenged testimony regarding the backdating of the deviation letter and the misrepresentation to police officials required an answer from the accused. The Court further found that a purposive interpretation of the National Treasury Practice Note requires reasons for deviation to be approved before payment is made, and that personal benefit is not a ne…
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South Africa Securitisation Programme (RF) Limited v T Abrahams Transport Services (Pty) Ltd and Another (381/2023) [2025] ZAWCHC 215 (22 May 2025)
The court found that the defendants had raised triable issues sufficient to resist summary judgment. The circumstances surrounding the signing of the contract, including the lack of opportunity to read, unreadability of the document, and the presence of unusual and onerous clauses not brought to the defendants' attention, warranted a trial. The defence of material misrepresentation by the agent, particularly regarding undisclosed additional costs, also raised a genuine issue for trial. The plaintiff, as cessionary, lacked personal knowledge of the contract negotiations and could not refute th…
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South African Police Service Medical Aid Scheme (POLMED) v Sikhala Attorneys Inc and Others (023855/2024) [2025] ZAGPPHC 495 (12 May 2025)
The High Court declared that a former subcontractor unlawfully represented POLMED and collected funds after the contract ended, and granted an interdict and accounting order.
Barloworld South Africa (Pty) Ltd ta Barloworld Equipment v Patraw Construction and Projects CC and Other (2021/18191) [2025] ZAGPJHC 414 (25 April 2025)
The court found that the respondents' plea and counterclaim do not disclose a valid defence or cause of action. The waiver clause in the lease agreement precludes claims for loss of profit and other damages not directly linked to the contract. The alleged misrepresentation regarding the tracking device related to the insurance contract with MiWay, not the lease agreement between the parties, and thus cannot found a claim against the applicant under the lease. The quantum of damages, while globular, does not bar the applicant from pleading, but the counterclaim fails to demonstrate compliance…
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Eastern Cape Motors (Pty) Ltd v Wolmerans (Appeal) (CA49/2024) [2025] ZAECMKHC 34 (15 April 2025)
The High Court upheld an appeal over a trade-in dispute, finding the respondent breached a warranty by misrepresenting a vehicle as a 2013 model when it was a 2005 model.
Solidarity obo Heynemann v Prino Constructability and Projects (Pty) Ltd and Another (JS693/21) [2025] ZALCJHB 154 (14 April 2025)
The Labour Court dismissed a special plea based on compromise, finding unresolved disputes about a settlement agreement’s scope and alleged misrepresentation.
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