South Africa Case Law

Meyersdal Nature Estate Home Owner's Association v Lawlor and Others (A2022/011659)

Meyersdal Nature Estate Home Owner's Association v Lawlor and Others (A2022/011659) [2024] ZAGPJHC 931 (11 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A2022/011659

Judges

JL Bhengu, Wanless

High Court appeal under the CSOS Act dismissed after condonation failed and the appellant could not show legal error in the adjudicator’s fence-fencing ruling.

• Community Schemes Ombud Service Act
• Condonation
• Architectural Guidelines
• Penalty Clauses
• Audi Alteram Partem
• Promotion Of Administrative Justice Act

Scribante Concrete (Pty) Ltd v Drift Supersand (Pty) Ltd (11139/22)

Scribante Concrete (Pty) Ltd v Drift Supersand (Pty) Ltd (11139/22) [2023] ZAGPJHC 1273 (3 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

11139/22

Judge

S Mahomed

The High Court ordered discovery of commercial documents in a lease dispute, holding that confidentiality does not bar disclosure of relevant material.

• Discovery Of Documents
• Penalty Clauses
• Conventional Penalties Act
• Confidentiality In Discovery
• Discovery-of-documents
• Commercial-lease

Banda and Another v Xenforce Proprietary Limited (008220/2022)

Banda and Another v Xenforce Proprietary Limited (008220/2022) [2023] ZAGPJHC 1195 (23 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

008220/2022

Judge

Twala M L

The High Court dismissed an exception to amended particulars of claim, finding the pleadings disclosed a cause of action and the oral agreements were independent.

• Exception Procedure
• Oral Agreements
• Housing Consumers Protection Measures Act
• Privity Of Contract
• Specific Performance
• Penalty Clauses

Discovery Insure Limited v Masindi (534/2022)

Discovery Insure Limited v Masindi (534/2022) [2023] ZASCA 101 (14 June 2023)

Court

Supreme Court of Appeal

Case number

534/2022

Judges

Petse, Saldulker, Mabindla-Boqwana, Weiner, Masipa

The Supreme Court of Appeal held that clause 5.13 of the Discovery policy is clear and unambiguous: any fraudulent claim, even if only part of the claim is fraudulent, entitles the insurer to cancel the policy retrospectively from the incident date and to reclaim all amounts paid, including those for genuine components. The respondent forfeited all benefits under the policy when he submitted a partly fraudulent claim. The argument that accrued rights to genuine claims survive cancellation was rejected, as it would render the forfeiture clause nugatory and undermine its purpose of deterring fr…

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• Insurance Contract Interpretation
• Fraudulent Claims
• Forfeiture Of Benefits
• Accrued Rights
• Penalty Clauses

Chapman's Bay Estate Homeowners' Association v Lotter and Others (9387/2022)

Chapman's Bay Estate Homeowners' Association v Lotter and Others (9387/2022) [2023] ZAWCHC 35 (24 February 2023)

Court

Western Cape High Court, Cape Town

Case number

9387/2022

Judges

Van Zyl, Sher

High Court held that penalty levies in the homeowners’ constitution could not be imposed on subsequent owners who did not take transfer from the developer.

• Community Schemes Ombud Service Act
• Interpretation Of Contracts
• Penalty Clauses
• Homeowners Association Rules
• Statutory Appeal
• Administrative Action

Bubu v Kay and Another (40591/2021)

Bubu v Kay and Another (40591/2021) [2022] ZAGPJHC 779 (10 October 2022)

Court

South Gauteng High Court, Johannesburg

Case number

40591/2021

Judge

S Yacoob

The High Court held that a property sale agreement was validly cancelled after the purchaser failed to pay the balance despite an extension.

• Sale Of Immovable Property
• Alienation Of Land Act
• Contract Cancellation
• Penalty Clauses
• Agent Commission
• Deposit Refund

Casper Jacobs Konstruksie CC v Minister of Police (28360/2019)

Casper Jacobs Konstruksie CC v Minister of Police (28360/2019) [2022] ZAGPPHC 613 (24 August 2022)

Court

North Gauteng High Court, Pretoria

Case number

28360/2019

Judge

de Vos

The court held that the contractor gave timely notice of delay and was entitled to an extension of time and payment under the construction contract.

• Construction Contracts
• Extension Of Time
• Contractual Notice Requirements
• Liquidated Damages
• Penalty Clauses
• Construction-contracts

Discovery Insure Limited v Masindi (85613/2017)

Discovery Insure Limited v Masindi (85613/2017) [2021] ZAGPPHC 145 (8 September 2021)

Court

North Gauteng High Court, Pretoria

Case number

85613/2017

Judge

N.V. Khumalo

The court held that the insurance policy contained an express forfeiture clause, but its application must be interpreted in light of established principles and the intention of the parties. The fraudulent claim related to emergency accommodation arose from a single insured incident, and the right to claim valid benefits had accrued prior to the breach. Applying the authorities, the court found that forfeiture of valid claims would constitute a disproportionate penalty and was not justified by the policy wording or the prejudice suffered by the insurer. Only the amounts paid on the fraudulent…

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• Insurance Contracts
• Fraudulent Claims
• Forfeiture Clauses
• Penalty Clauses
• Quantification Of Damages

RZT Zelpy 4094 (Proprietary) Limited v Lester (A911/2015)

RZT Zelpy 4094 (Proprietary) Limited v Lester (A911/2015) [2017] ZAGPPHC 317 (30 June 2017)

Court

North Gauteng High Court, Pretoria

Case number

A911/2015

Judges

TM Makgoka, Molopa-Sethosa, N Ranchod

The court held that the appellant was entitled to repossession of the goods upon cancellation of the agreement due to the respondent's breach. The agreement did not require the appellant to make an election between retaining payments as penalty or claiming damages before seeking return of the goods. Clause 6.2.1 imposed an obligation on the respondent to deliver possession of the goods to the appellant upon cancellation, irrespective of any election under clause 6.2.2. The respondent's entitlement to possession was solely based on the agreement, which had been lawfully terminated. The appella…

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• Contract Cancellation
• Rei Vindicatio
• Penalty Clauses
• Forfeiture
• Interpretation Of Contracts

Mooikloof Estates (Pty) Limited v Van der Walt and Another (A700/15)

Mooikloof Estates (Pty) Limited v Van der Walt and Another (A700/15) [2017] ZAGPPHC 482 (1 March 2017)

Court

North Gauteng High Court, Pretoria

Case number

A700/15

Judges

Tuchten, Tolmay, Mabuse

The court held that the arbitrator acted fairly and within the scope of the arbitration agreement and the Arbitration Act. Mooikloof Estates was not entitled to challenge the principal agent's decisions regarding extensions of time in the arbitration, as those decisions were made independently and impartially. The arbitrator's reduction of penalties was rational, based on considerations of fairness within the building industry, and did not rely on inadmissible evidence. The grounds advanced by Mooikloof for setting aside the award did not constitute gross irregularities as contemplated by sec…

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• Arbitration Act
• Gross Irregularity
• Building Contract Dispute
• Penalty Clauses
• Finality Of Arbitration Award