South Africa Case Law

Malunga and Another v Sanqela (A93/2024)

Malunga and Another v Sanqela (A93/2024) [2025] ZAWCHC 133; [2025] 3 All SA 173 (WCC) (24 March 2025)

Court

Western Cape High Court, Cape Town

Case number

A93/2024

Judges

Allie, Da Silva-Salie, Holderness

The court held that the agreement constituted an alienation of shares as envisaged by section 15(2)(c) of the Matrimonial Property Act, as the option to purchase shares had been exercised and the agreement was binding. The respondent, Ms Sanqela, or her attorney, failed to make reasonable enquiries regarding the marital regime and spousal consent, as required by section 15(9)(a). The failure to discharge this duty meant that the protection of deemed consent was not available. The agreement was not entered into in the ordinary course of business, and ministerial approval for transfer of fishin…

Source excerpt

• Shareholders Agreement
• Matrimonial Property Act
• Spousal Consent
• Option Contract
• Ministerial Approval
• Enforceability Of Contract

W & A Le Roux Slaghuis (Pty) Ltd and Another v Van NIekerk (A554/17)

W & A Le Roux Slaghuis (Pty) Ltd and Another v Van NIekerk (A554/17) [2019] ZAGPPHC 577; [2020] 1 All SA 902 (GP); 2020 (2) SA 624 (GP) (4 December 2019)

Court

North Gauteng High Court, Pretoria

Case number

A554/17

Judges

P.M. Mabuse, E.M. Kubushi, N. Janse van Nieuwenhuizen

High Court appeal about auction sales, an irrevocable offer, and whether an auctioneer could be jointly liable for refunding a deposit after alleged repudiation.

• Auctioneer Liability
• Repudiation Of Contract
• Irrevocable Offer
• Option Contract
• Damages For Breach
• Agency Principle

Eskom Holdings SOC Limited v Botha N.O and Others (2017/76334)

Eskom Holdings SOC Limited v Botha N.O and Others (2017/76334) [2019] ZAGPPHC 511 (16 September 2019)

Court

North Gauteng High Court, Pretoria

Case number

2017/76334

Judge

Francis J

The High Court dismissed Eskom’s urgent application to compel servitude-registration documents, finding the trust option was invalid for lack of trustee authority.

• Trustee Authority
• Servitude Registration
• Option Contract
• Joinder Of Parties
• Trustee-authority
• Servitude-registration

Oosthuizen v Lombard (2520/2012)

Oosthuizen v Lombard (2520/2012) [2013] ZAFSHC 4 (4 February 2013)

Court

Free State High Court, Bloemfontein

Case number

2520/2012

Judge

C van Zyl, R

The court granted eviction, holding the respondent’s occupation unlawful after a lapsed written repurchase option and no valid oral extension.

• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Eviction Procedure
• Option Contract
• Statutory Requirements
• Unlawful-occupation

Saffy NO and Others v Viljoen NO and Others (A258/2002)

Saffy NO and Others v Viljoen NO and Others (A258/2002) [2006] ZAFSHC 71 (25 May 2006)

Court

Free State High Court, Bloemfontein

Case number

A258/2002

Judges

Hattingh, Beckley, Cillié

The High Court held that a written trustee resolution signed by all trustees validly authorised the option agreement, and that pactum commissorium did not apply.

• Specific Performance
• Trustee Authority
• Option Contract
• Pactum Commissorium
• Trustee-authority
• Option-contract