South Africa Case Law

Kamiesberg Local Municipality and Another v Koingnaas Belastingbetalersvereniging and Another (2609/2021)

Kamiesberg Local Municipality and Another v Koingnaas Belastingbetalersvereniging and Another (2609/2021) [2024] ZANCHC 14 (16 February 2024)

Court

Northern Cape High Court, Kimberley

Case number

2609/2021

Judge

Mamosebo

The court found that KBBV lacked legal standing to bring the counter-application as it failed to comply with its own constitution's requirements for committee composition and quorum, rendering its actions a nullity. Even if standing were established, KBBV's conduct in undertaking municipal repairs and invoicing the municipality without formal procurement processes was unlawful and amounted to impermissible self-help. The Constitution and subsidiary legislation vest service delivery responsibilities in municipalities, and any intervention must follow the hierarchical procedures set out in sect…

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• Municipal Service Delivery
• Locus Standi
• Final Interdict
• Self Help
• Constitutional Mandate
• Negotiorum Gestio

Vic La Vic Group (Pty) Ltd and Another v Phele Mining Consulting and Projects (24445/2022)

Vic La Vic Group (Pty) Ltd and Another v Phele Mining Consulting and Projects (24445/2022) [2024] ZAGPPHC 155 (16 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

24445/2022

Judge

A Vorster

The High Court dismissed a winding-up application, finding no proof that the deceased sole director had authority to bind the company to the alleged loans.

• Agency
• Authority Of Directors
• Winding Up Proceedings
• Abuse Of Process
• Negotiorum Gestio
• Winding-up-proceedings

Goldfields Logistics (Pty) Ltd v MEC: Free State Department of Police , Roads and Transport (A72/2022)

Goldfields Logistics (Pty) Ltd v MEC: Free State Department of Police , Roads and Transport (A72/2022) [2023] ZAFSHC 178 (10 February 2023)

Court

Free State High Court, Bloemfontein

Case number

A72/2022

Judges

Mbhele, Van Zyl, Boonzaaier

The court held that the appellant's claim for reimbursement under negotiorum gestio does not constitute a 'debt' as defined in the ILPACOS Act because it is not a claim for damages but rather for unjust enrichment. The definition of 'debt' in the Act requires both a liability to pay damages and that the organ of state is the debtor, which excludes claims for specific performance or enrichment. The Supreme Court of Appeal has confirmed that enrichment claims do not fall within the ambit of the Act, and thus the notice requirements do not apply. The court a quo erred procedurally by deciding th…

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• Unjust Enrichment
• Negotiorum Gestio
• Institution Of Legal Proceedings Against Organs Of State Act
• Special Plea
• Notice Requirements

Goldfields Logistics (Pty) Ltd v MEC: Free State Department of Police, Roads and Transport (A72/2022)

Goldfields Logistics (Pty) Ltd v MEC: Free State Department of Police, Roads and Transport (A72/2022) [2023] ZAFSHC 44 (10 February 2023)

Court

Free State High Court, Bloemfontein

Case number

A72/2022

Judges

MBHELE, VAN ZYL, BOONZAAIER

The court held that a negotiorum gestio claim for pothole repairs was not a “debt” under the ILPACOS Act, so no prior notice was required.

• Institution Of Legal Proceedings Against Organs Of State Act
• Negotiorum Gestio
• Unjust Enrichment
• Notice Requirements
• Special Plea
• Definition Of Debt

Tedcor Mbombela Waste (Pty) Ltd v Mbombela Local Municipality (3056/2018)

Tedcor Mbombela Waste (Pty) Ltd v Mbombela Local Municipality (3056/2018) [2020] ZAMPMBHC 16 (25 September 2020)

Court

Mbombela High Court, Mpumalanga

Case number

3056/2018

Judge

Kgoele

The court upheld objections to proposed amendments to a waste-collection claim, finding the pleadings vague and embarrassing and the negotiorum gestio case inadequately pleaded.

• Pleading Requirements
• Contract Extension
• Municipal Procurement
• Negotiorum Gestio
• Vagueness And Embarrassment
• Pleading-requirements

Immaculate Truck Repairs CC v Capital Acceptances Ltd (1153/2014)

Immaculate Truck Repairs CC v Capital Acceptances Ltd (1153/2014) [2017] ZAFSHC 20 (16 February 2017)

Court

Free State High Court, Bloemfontein

Case number

1153/2014

Judge

Rampai

The High Court dismissed a truck repairer’s enrichment claim, finding no proof of necessary expenses or quantified enrichment, and upheld costs against the plaintiff.

• Improvement Lien
• Unjust Enrichment
• Negotiorum Gestio
• Onus Of Proof
• Unjust-enrichment
• Improvement-lien

Schneider Electric SA (Pty) Ltd v Jim Fung Industrial Limited (A5058/2015)

Schneider Electric SA (Pty) Ltd v Jim Fung Industrial Limited (A5058/2015) [2016] ZAGPJHC 325 (8 December 2016)

Court

South Gauteng High Court, Johannesburg

Case number

A5058/2015

Judges

MNGQIBISA-THUSI, MAKUME, WEPENER

Appeal over contract performance, product compliance, storage costs, and expert fees. Majority held Jim Fung complied with Schneider’s specifications and awarded costs on the cross-appeal.

• Contractual Performance
• Onus Of Proof
• Expert Evidence
• Negotiorum Gestio
• Repudiation
• Unjustified Enrichment

Cloete v Blignaut (53198/2013)

Cloete v Blignaut (53198/2013) [2016] ZAGPPHC 231 (14 April 2016)

Court

North Gauteng High Court, Pretoria

Case number

53198/2013

Judge

RG Tolmay

The plaintiff sought reimbursement for children’s education and maintenance expenses under negotiorum gestio and unjust enrichment, but the High Court dismissed the claim.

• Maintenance Of Children
• Unjust Enrichment
• Negotiorum Gestio
• Duty Of Support
• Apportionment Of Expenses
• Child-maintenance

Mothuloe v Edmno Investments CC and Others (09480/14)

Mothuloe v Edmno Investments CC and Others (09480/14) [2015] ZAGPJHC 6 (29 January 2015)

Court

South Gauteng High Court, Johannesburg

Case number

09480/14

Judge

D S S Moshidi

The applicant, an attorney, paid the security for costs on behalf of his client, the first respondent, following a court order under Rule 47(3). The payment was made into the trust account of the second respondents, who invested it in accordance with section 78(2A) of the Attorneys Act. The applicant sought a refund on the basis of negotiorum gestio and an alleged agreement with his client. The court found that negotiorum gestio was inapplicable because the first respondent was aware of and consented to the payment, making it a mandate rather than management of affairs without authority. The…

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• Security For Costs
• Attorneys Act Compliance
• Negotiorum Gestio
• Trust Account Management

Steenkamp v GWK Bpk (952/05)

Steenkamp v GWK Bpk (952/05) [2009] ZANCHC 60 (12 June 2009)

Court

Northern Cape High Court, Kimberley

Case number

952/05

Judge

Majiedt R

The court found that Steenkamp failed to prove delivery of the sable antelope by traditio longa manu, as there was no evidence that the animals were ever pointed out to him, nor that he was able to exercise physical control over them after the auction. The sale conditions reserved ownership to GWK until full payment, which occurred much later, and there was no indication that the requirements for symbolic delivery were met. Consequently, ownership never passed to Steenkamp, and he did not acquire ownership of the offspring either. GWK, as owner, could not claim a right of retention or act as…

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• Ownership Transfer
• Delivery Of Goods
• Retention Rights
• Negotiorum Gestio
• Rei Vindicatio