South Africa Case Law

Matjhabeng Local Municipality v Van der Heever (4194/2022)

Matjhabeng Local Municipality v Van der Heever (4194/2022) [2025] ZAFSHC 218 (18 July 2025)

Court

Free State High Court, Bloemfontein

Case number

4194/2022

Judges

Opperman, Daffue

The court held that the settlement agreement did not constitute a rebate or reduction in property rates as contemplated by section 15 of the Municipal Property Rates Act, but was a lawful debt collection arrangement under the municipality's By-Law. The municipal manager was authorised to accept lesser payments in full and final settlement of arrears. The municipality's reliance on its Credit Control and Debt Collection Policy was procedurally irregular and unsupported by the record. The delay in bringing the review application was unreasonable and prejudicial to the respondent and other parti…

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• Municipal Debt Collection
• Settlement Agreement
• Authority Of Municipal Manager
• Rebate Vs Debt Management
• Unreasonable Delay In Review
• Pacta Sunt Servanda

Standard Bank of South Africa Ltd v Ramodibedi and Another (2024/029976)

Standard Bank of South Africa Ltd v Ramodibedi and Another (2024/029976) [2025] ZAGPJHC 641 (27 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/029976

Judge

EF Dippenaar

The court found that the respondents' obligations under the guarantee and settlement agreement are independent and joint and several with those of Mr Dikhuba. The existence of a judgment against Mr Dikhuba does not release the respondents from liability, nor does it result in double recovery, as payment by any party absolves the others to the extent of payment. The settlement agreement did not novate the guarantee, and no apportionment of liability was agreed. The respondents failed to establish any factual or legal basis for their public policy defence, and their interpretation of the agreem…

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• Guarantee Liability
• Joint And Several Liability
• Settlement Agreement Enforcement
• Public Policy Contracts
• Pacta Sunt Servanda

Eastern Cape Motors (Pty) Ltd v Wolmerans (Appeal) (CA49/2024)

Eastern Cape Motors (Pty) Ltd v Wolmerans (Appeal) (CA49/2024) [2025] ZAECMKHC 34 (15 April 2025)

Court

Eastern Cape High Court, Makhanda

Case number

CA49/2024

Judges

Rugunanan, Mnqandi

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.

• Breach Of Warranty
• Misrepresentation
• Contractual Damages
• Caveat Subscriptor
• Pacta Sunt Servanda
• Breach-of-warranty

M.N.P.U.M v S.V.M and Another (2023/114345)

M.N.P.U.M v S.V.M and Another (2023/114345) [2025] ZAGPJHC 647 (7 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/114345

Judge

Dippenaar

The court found that the applicant failed to establish that there was no consensus between the parties regarding the marital regime or that her signature on the special power of attorney was obtained by justus error or misrepresentation. The applicant voluntarily signed the documents authorising the ante nuptial contract, and her conduct and prior knowledge of the respondent's refusal to pool assets indicated she was aware of the implications. The caveat subscriptor rule applied, binding her to the contract. The court held that the ante nuptial contract was validly executed, and the marriage…

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• Ante Nuptial Contract
• Justus Error
• Misrepresentation
• Matrimonial Property Regime
• Caveat Subscriptor
• Pacta Sunt Servanda

Sithole v Ngwenya and Others (1248/2025)

Sithole v Ngwenya and Others (1248/2025) [2025] ZAMPMBHC 23 (27 March 2025)

Court

Mbombela High Court, Mpumalanga

Case number

1248/2025

Judge

Shai

The High Court found the matter urgent and ordered specific performance in a property sale, compelling transfer documents and repayment of R10 000.

• Specific Performance
• Sale Of Immovable Property
• Urgent Interdict
• Pacta Sunt Servanda
• Transfer Of Property
• Occupational Rent

Torrente and Another v Grant Monaghan and Associates Incorporated (Ammended) (JA 45/23;JA 25/23)

Torrente and Another v Grant Monaghan and Associates Incorporated (Ammended) (JA 45/23;JA 25/23) [2025] ZALAC 5 (29 January 2025)

Court

Labour Appeal Court

Case number

JA 45/23;JA 25/23

Judges

Waglay, Mlambo, Davis

The Court found that the respondent had established a legitimate protectable interest in its relationships with patients, referring doctors, and confidential business information. The appellant's conduct during her employment, including soliciting patients and submitting claims under her new practice, demonstrated a risk of unfair competition and justified the enforcement of the restraint. The Court held that the restraint was reasonable in both duration and geographical scope, as it was limited to one year and a 27-kilometre radius from the respondent's premises. The order struck a fair bala…

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• Restraint Of Trade
• Protectable Interest
• Employment Contract
• Confidential Information
• Public Policy
• Pacta Sunt Servanda

Sanlam Life Insurance Limited v Chigombo (A14/2024)

Sanlam Life Insurance Limited v Chigombo (A14/2024) [2024] ZAMPMBHC 71 (30 September 2024)

Court

Mbombela High Court, Mpumalanga

Case number

A14/2024

Judges

TV Ratshibvumo, L Coetzee

The respondent was bound by the terms of the insurance contract and the legislative provisions incorporated therein. After making a partial withdrawal, she was precluded by both contract and law from cancelling the contract or making further withdrawals until the maturity date. The court a quo erred in relying on the Consumer Protection Act, which does not apply to contracts regulated by the Long Term Insurance Act. The respondent's reliance on section 62(2)(c) of the Long Term Insurance Act was misplaced, as it merely empowers the Authority to make rules and does not override the statutory r…

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• Long Term Insurance Act
• Contractual Interpretation
• Consumer Protection Act
• Pacta Sunt Servanda
• Partial Withdrawal Restrictions

Mokoena v Firstrand Bank Limited (35888/2022)

Mokoena v Firstrand Bank Limited (35888/2022) [2024] ZAGPJHC 986 (30 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

35888/2022

Judge

J J Meiring

The High Court dismissed an application for leave to appeal, finding no reasonable prospect of success and awarding costs against the applicant.

• Leave To Appeal
• Suretyship Liability
• Exceptio Lis Alibi Pendens
• Public Policy
• Certificate Of Balance
• Pacta Sunt Servanda

Pansun Investments (Pty) Ltd v Jorgen Energy (Pty) Ltd and Others (D9160/2023)

Pansun Investments (Pty) Ltd v Jorgen Energy (Pty) Ltd and Others (D9160/2023) [2024] ZAKZDHC 94 (13 September 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

D9160/2023

Judge

Harrison AJ

High Court granted judgment on an acknowledgement of debt and suretyship after the intended share purchase failed and demand went unpaid.

• Acknowledgement Of Debt
• Suretyship
• Pacta Sunt Servanda
• Summary Judgment
• Acknowledgement-of-debt
• Commercial-litigation

Recycling Consolidated Holdings (Pty) Ltd v Reddy and Others (J358/24)

Recycling Consolidated Holdings (Pty) Ltd v Reddy and Others (J358/24) [2024] ZALCJHB 285 (1 August 2024)

Court

Labour Court Johannesburg

Case number

J358/24

Judge

H Molotsi

The court found that the grounds for leave to appeal were based on the assertion that another court may come to a different conclusion, which is not the test under section 17(1) of the Superior Courts Act. The submissions did not demonstrate a measure of certainty that another court would differ, nor did they show reasonable prospects of success. The arguments raised were a repetition of those already considered and decided in the main judgment. The mediation issue was not material, and the point of law regarding the onus in restraint of trade agreements was not relevant to the case at hand.…

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• Restraint Of Trade
• Constitutional Rights In Employment
• Pacta Sunt Servanda
• Leave To Appeal
• Mediation In Labour Disputes