South Africa Case Law

Sedumedi v Sefako Makgatho Health Sciences University (J502/2022)

Sedumedi v Sefako Makgatho Health Sciences University (J502/2022) [2025] ZALCJHB 142; (2025) 46 ILJ 2015 (LC) (4 April 2025)

Court

Labour Court Johannesburg

Case number

J502/2022

Judge

M Meyerowitz

The court found that the applicant's fixed-term contract did not grant the University the right to terminate on notice for operational reasons prior to its natural end date. The Appointment Letter did not clearly and unequivocally incorporate the Termination Policy as a contractual term, nor did the applicant assent to its contents. The Termination Policy itself did not purport to amend the written contract or introduce a termination-on-notice clause for fixed-term contracts. The University, as drafter, failed to speak plainly if such a right was intended. The applicant was entitled to damage…

Source excerpt

• Fixed Term Contract
• Premature Termination
• Contractual Interpretation
• Mitigation Of Loss
• Incorporation By Reference

Buechel v South African Securitisation Programmed (RF) Ltd and Others (A 107/2024)

Buechel v South African Securitisation Programmed (RF) Ltd and Others (A 107/2024) [2025] ZAWCHC 92 (26 February 2025)

Court

Western Cape High Court, Cape Town

Case number

A107/2024

Judges

C M Fortuin, L G Nuku, D S Kusevitsky

Appeal against refusal of rescission failed. The majority held the appellant did not plead a bona fide fraud or penalties defence with sufficient primary facts.

• Rescission Of Judgment
• Guarantee Liability
• Conventional Penalties Act
• Default Judgment
• Acceleration Clause
• Mitigation Of Loss

Bombela Operating Company (Pty) Ltd v Sadiphiri Transport Services CC (A3104/2021)

Bombela Operating Company (Pty) Ltd v Sadiphiri Transport Services CC (A3104/2021) [2023] ZAGPJHC 463 (12 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A3104/2021

Judges

B.E. Leech, R Strydom

The High Court granted condonation, upheld the appeal, and set aside a magistrates’ court damages award after finding no proved acceptance of repudiation or damages.

• Contractual Damages
• Repudiation
• Condonation Of Late Appeal
• Mitigation Of Loss
• Specific Performance
• Contractual-damages

Tabane v Railway Safety Regulator and Others (J173/2021)

Tabane v Railway Safety Regulator and Others (J173/2021) [2023] ZALCJHB 76 (24 March 2023)

Court

Labour Court Johannesburg

Case number

J173/2021

Judge

Van Niekerk

The Labour Court refused leave to amend a motion to claim contractual damages, holding that such damages must be proved at trial, including loss, causation and mitigation.

• Breach Of Employment Contract
• Contractual Damages
• Motion Proceedings
• Amendment Of Pleadings
• Mitigation Of Loss
• Contractual-damages

EC Security CC v Body Corporate of Saffron Gardens (41835/19)

EC Security CC v Body Corporate of Saffron Gardens (41835/19) [2022] ZAGPPHC 459 (10 May 2022)

Court

North Gauteng High Court, Pretoria

Case number

41835/19

Judge

du Plessis

The High Court held that the defendant did not follow the contract’s breach procedure, but the plaintiff failed to prove damages, so the claim was dismissed.

• Breach Of Contract
• Repudiation
• Damages Quantification
• Contractual Interpretation
• Mitigation Of Loss
• Breach-of-contract

PE v Dr Beyers Naude Local Municipality and Another (828/2011)

PE v Dr Beyers Naude Local Municipality and Another (828/2011) [2021] ZAECGHC 35; [2021] 2 All SA 839 (ECG); (2021) 42 ILJ 1545 (ECG); 2022 (1) SA 560 (ECG) (13 April 2021)

Court

Eastern Cape High Court, Grahamstown

Case number

828/2011

Judge

Kroon AJ

The court awarded damages to a woman compelled to resign after a workplace sexual assault, finding the municipality’s reinstatement offer unlawful and unreasonable.

• Sexual Harassment
• Constructive Dismissal
• Quantum Of Damages
• Employer Liability
• Mitigation Of Loss
• Public Sector Employment

Oosthuizen v Absa Bank Ltd In Re: Absa Bank Ltd v Oosthuizen (2062/2017)

Oosthuizen v Absa Bank Ltd In Re: Absa Bank Ltd v Oosthuizen (2062/2017) [2019] ZAFSHC 246 (19 December 2019)

Court

Free State High Court, Bloemfontein

Case number

2062/2017

Judge

Murray

The court held that the damages claim, being the second stage of the default judgment procedure, required adjudication in open court and could not be treated as unopposed simply because the applicant's notices to defend were filed late but before the judgment sounding in money was granted. The 2017 default judgment did not constitute a final judgment on damages, and the applicant was entitled to dispute the quantification and raise defences such as failure to mitigate loss. The respondent was not entitled to proceed on an unopposed basis, and the applicant raised valid issues regarding quanti…

Source excerpt

• Default Judgment
• Damages Quantification
• National Credit Act
• Mitigation Of Loss
• Leave To Appeal

B.G.M v Bate Chubb and Dickson Inc (EL1221/17; ECD3221/17)

B.G.M v Bate Chubb and Dickson Inc (EL1221/17; ECD3221/17) [2019] ZAECELLC 28 (4 October 2019)

Court

Eastern Cape High Court, East London Local Court

Case number

EL1221/17; ECD3221/17

Judge

M Makaula

The High Court upheld a prescription plea in a damages claim against attorneys over a defective antenuptial contract, finding the claim prescribed by May 2017.

• Prescription Act
• Breach Of Mandate
• Damages For Professional Negligence
• Rectification Of Contract
• Mitigation Of Loss
• Prescription

Visser and Another v Moore (27676/2014)

Visser and Another v Moore (27676/2014) [2019] ZAGPPHC 426 (30 August 2019)

Court

North Gauteng High Court, Pretoria

Case number

27676/2014

Judge

Potterill

The High Court awarded damages after finding unlawful repudiation of a lease and disposal of assets that included tools needed for Visser’s carpentry business.

• Unlawful Eviction
• Repudiation Of Contract
• Quantification Of Damages
• Mitigation Of Loss
• Actio Ad Exhibendum
• Remoteness Of Damage

Modise obo Minor v Road Accident Fund (10329/2019)

Modise obo Minor v Road Accident Fund (10329/2019) [2019] ZAGPPHC 399; 2020 (1) SA 221 (GP) (12 August 2019)

Court

North Gauteng High Court, Pretoria

Case number

10329/2019

Judge

Davis

The court awarded damages to a minor pedestrian injured in a motor vehicle accident and ordered punitive costs against the RAF for its litigation conduct.

• Road Accident Fund Act
• Damages Quantification
• Minors Best Interests
• Mitigation Of Loss
• Punitive Costs
• Expert Evidence