South Africa Case Law

WD Motors (Pty) Ltd v Shell South Africa Refining (Pty) Limited and Others (5341/2024)

WD Motors (Pty) Ltd v Shell South Africa Refining (Pty) Limited and Others (5341/2024) [2025] ZAFSHC 179 (17 June 2025)

Court

Free State High Court, Bloemfontein

Case number

5341/2024

Judge

Daniso

The High Court granted eviction after finding lease breaches, including unauthorized subletting, non-ancillary use, and maintenance defaults, and held the lease was validly cancelled.

• Eviction Of Commercial Premises
• Breach Of Lease
• Unauthorized Subletting
• Maintenance Obligations
• Municipal Charges
• Broadcasting Act Compliance

Orpen Brothers Properties 2 (Pty) Ltd v Siemens Healthcare (Pty) Ltd (35613/2021)

Orpen Brothers Properties 2 (Pty) Ltd v Siemens Healthcare (Pty) Ltd (35613/2021) [2024] ZAGPJHC 792 (13 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

35613/2021

Judge

Mahomed

The High Court refused summary judgment in a lease dispute, finding the defendant raised bona fide triable defences about invoice conditions, accrual, and tacit terms.

• Summary Judgment
• Lease Agreement
• Contractual Defences
• Tacit Terms
• Municipal Charges
• Summary-judgment

ABSA Bank Limited v Howell and Others (16168/17)

ABSA Bank Limited v Howell and Others (16168/17) [2024] ZAGPJHC 739 (2 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

16168/17

Judge

GC Wright

The High Court dismissed ABSA’s opponents’ application for leave to appeal against an order reducing the reserve price for auction of their property.

• Leave To Appeal
• Judgment Enforcement
• Reserve Price Reduction
• Municipal Charges
• Leave-to-appeal
• Sale-in-execution

Waterfall Equestrian Estate v Mabunda Makensa Solly Risimati NO and Another (40927/2021)

Waterfall Equestrian Estate v Mabunda Makensa Solly Risimati NO and Another (40927/2021) [2023] ZAGPJHC 375 (25 April 2023)

Court

South Gauteng High Court, Johannesburg

Case number

40927/2021

Judge

B Mahalelo

The court found that the requirements for lis alibi pendens were satisfied. The central issue in both the pending action and the present application is the amount owed to the City of Johannesburg for municipal charges in respect of the leased property. The determination of this issue does not depend on the capacity in which the respondents are cited, as the trust derives its rights and obligations from the respondents as original lessees. The respondents, as trustees and beneficiaries living on the property, are sufficiently identified with the parties in the action. There is substantial comm…

Source excerpt

• Lis Alibi Pendens
• Municipal Charges
• Lease Agreement
• Trust Liability

Swart v Bergh N.O and Others (A79/2020)

Swart v Bergh N.O and Others (A79/2020) [2022] ZAFSHC 64 (25 March 2022)

Court

Free State High Court, Bloemfontein

Case number

A79/2020

Judges

JP Daffue, M Matshaya

Appeal over lease unlawfulness allowed. The High Court found the zoning-based business lease illegal and unenforceable, granted condonation, and dismissed the claims with costs.

• Illegality Of Contract
• Zoning Scheme Violation
• Condonation
• Unenforceability Of Lease
• Municipal Charges
• Statutory Interpretation

Clinpete (Pty) Ltd v K201146712 (South Africa) (Pty) Ltd and Others (17/28917)

Clinpete (Pty) Ltd v K201146712 (South Africa) (Pty) Ltd and Others (17/28917) [2021] ZAGPJHC 399 (12 August 2021)

Court

South Gauteng High Court, Johannesburg

Case number

17/28917

Judge

B M Slon

The High Court referred an application about municipal charges under a sale agreement to trial because the disputes of fact could not be resolved on affidavit.

• Referral To Trial
• Municipal Charges
• Suretyship Liability
• Agreement Of Sale
• Dispute Of Fact
• Referral-to-trial

City of Cape Town Metropolitan Municipality v Nu-Way Housing Developments (Pty) Ltd (1139/2019)

City of Cape Town Metropolitan Municipality v Nu-Way Housing Developments (Pty) Ltd (1139/2019) [2021] ZASCA 19 (12 March 2021)

Court

Supreme Court of Appeal

Case number

1139/2019

Judges

Navsa, Molemela, Nicholls, Ledwaba, Rogers

The court held that the City could levy a development capital charge for electricity supply when Nu-Way applied in 2014, and the appeal succeeded.

• Municipal Charges
• Electricity Supply By Law
• Less Formal Township Establishment Act
• Development Capital Charge
• Municipal-charges
• Electricity-supply

West Wing Sports Bar CC and Another v Investra CC (11354/2015)

West Wing Sports Bar CC and Another v Investra CC (11354/2015) [2017] ZAGPJHC 264 (1 May 2017)

Court

South Gauteng High Court, Johannesburg

Case number

11354/2015

Judge

F G Barrie

The High Court dismissed an application to rescind a default judgment for unpaid lease amounts, finding no bona fide defence or basis under rule 42.

• Rescission Of Judgment
• Default Judgment
• Lease Agreement
• Suretyship
• Municipal Charges
• Zoning Disclosure

Icegold Trading CC v Sandton Gold & Diamond Exchange (Pty) Ltd (38229/10A)

Icegold Trading CC v Sandton Gold & Diamond Exchange (Pty) Ltd (38229/10A) [2011] ZAGPPHC 147 (6 May 2011)

Court

North Gauteng High Court, Pretoria

Case number

38229/10A

Judge

Hiemstra

The High Court granted eviction and monetary relief under a leased-premises dispute, rejecting defences of non-party status, lis alibi pendens, and unsupported deductions.

• Eviction
• Lease Cancellation
• Arrear Rentals
• Municipal Charges
• Lis Alibi Pendens
• Lease-cancellation

BOE Bank Ltd v City of Tshwane Metropolitan Municipality (240/2003)

BOE Bank Ltd v City of Tshwane Metropolitan Municipality (240/2003) [2005] ZASCA 21; 2005 (4) SA 336 (SCA) (29 March 2005)

Court

Supreme Court of Appeal

Case number

240/2003

Judges

Scott, Mthiyane, Brand, Conradie, Ponnan

Section 118(3) of the Local Government: Municipal Systems Act 32 of 2000 creates a statutory charge over property for all municipal debts, regardless of when they became due, and this charge enjoys preference over any mortgage bond registered against the property, including those registered prior to the commencement of the Act. The time limit in section 118(1) applies only to the embargo on transfer and does not limit the scope of the statutory charge in section 118(3). Applying section 118(3) to existing mortgage bonds does not amount to retrospective effect, as the extended security operate…

Source excerpt

• Municipal Charges
• Statutory Hypothec
• Interpretation Of Statutes
• Retrospectivity
• Mortgage Priority