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South Africa decisions
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Khulula Security Services CC v Coega Development Corporation (Pty) Ltd (4421/2022) [2024] ZAECMHC 60 (2 July 2024)
The court ordered the respondent to issue a final payment certificate and pay the certified JBCC amount, finding no genuine dispute to block relief.
Botshabelo Consulting Engineers (Pty) Ltd v Greater Giyani Municipality (5346/2020) [2023] ZALMPPHC 61 (4 August 2023)
High Court granted provisional sentence for unpaid payment certificate and retention monies under a construction contract, finding no valid defence.
20 Twenty (Pty) Ltd v Tsantsabane Local Municipality (404/2016) [2023] ZANCHC 6 (10 March 2023)
The High Court dismissed a municipality’s special plea seeking a stay of proceedings for arbitration, finding it had not complied with the contract’s arbitration preconditions.
Lohan Civils (Pty) Ltd v Tokologo Local Municipality (2676/2019) [2020] ZAFSHC 20 (14 February 2020)
The High Court dismissed an application to enforce a construction payment certificate, finding the certificate was contractually invalid and the Department should have been joined.
Officescape Interior Contractors v Waymark Infotech (Pty) Ltd (1344/2015) [2015] ZAGPPHC 152 (2 April 2015)
The High Court dismissed a summary judgment application, finding the defendant had raised a bona fide defence relating to defective workmanship and the payment certificate.
First Rand Bank Ltd v Brera Investments CC (385/2012) [2013] ZASCA 25; 2013 (5) SA 556 (SCA) (25 March 2013)
The Supreme Court of Appeal held that the payment guarantee issued by First Rand Bank was an independent obligation, not accessory to the underlying contract between the respondent and the contractor. Liability under the guarantee arose upon the respondent's compliance with the demand procedure set out in clause 3, specifically the failure of the contractor to issue a payment certificate within seven days of demand. The subsequent issuance of a payment certificate for a lesser amount did not affect the appellant's liability, as the trigger event for payment had already occurred. The court rej…
Source excerpt
Tarfix (Pty) Ltd v MEC, Department of Public Works and Rural Development, Free State Province and Another (3452/2010) [2012] ZAFSHC 7 (2 February 2012)
The court dismissed Tarfix’s provisional sentence claim, finding the payment certificate was not a liquid document because authority of the signatory was not proved.
Basil Read (Proprietary) Limited v Regent Devco (Proprietary) Limited (41108/09) [2010] ZAGPJHC 75 (9 March 2010)
The court enforced an interim payment certificate under a JBCC construction contract, holding that the contractor’s claim was independent of an adjudicator’s disputed determination.
Mokwana v Pieterse Home Builders (Eiendoms) Bpk. (603/90) [1992] ZASCA 145 (15 September 1992)
The Supreme Court of Appeal held that the respondent had not pleaded facts showing entitlement to a payment certificate, so summary judgment was wrongly granted.
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