South Africa Case Law

Calasca Trading 114 (Pty) Ltd and Another v Rhondo Industrial (Pty) Ltd and Another (026912/2022)

Calasca Trading 114 (Pty) Ltd and Another v Rhondo Industrial (Pty) Ltd and Another (026912/2022) [2025] ZAGPJHC 773 (13 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

026912/2022

Judge

S D J Wilson

The court found that the oral agreement reached in October 2021 and memorialised in the 4 November 2021 email was an agreement between Mr. Glen Fine and Mr. Berger personally to share equally any amount recovered from Mr. David Fine. The context, conduct of the parties, and the evidence presented demonstrated that the individuals did not distinguish between themselves and their companies in the operation of the joint venture. The money recovered from Mr. David Fine was paid into Mr. Berger's personal account, further supporting the conclusion that the agreement bound the individuals. The cour…

Source excerpt

• Joint Venture Dispute
• Contractual Interpretation
• Personal Liability
• Misjoinder
• Settlement Agreement

Badenhorst v De Kock (13372/2023)

Badenhorst v De Kock (13372/2023) [2024] ZAWCHC 427; [2025] 1 All SA 597 (WCC); 2025 (4) SA 540 (WCC) (18 December 2024)

Court

Western Cape High Court, Cape Town

Case number

13372/2023

Judge

M W Janisch

The High Court held a sole director personally liable under section 424 for a company debt incurred recklessly, but limited the amount to the sum in the court order.

• Director Liability
• Reckless Trading
• Personal Liability
• Companies Act Section 424
• Director-liability
• Reckless-trading

Adam and Another v Moosa (A20/2023)

Adam and Another v Moosa (A20/2023) [2024] ZAWCHC 117 (19 April 2024)

Court

Western Cape High Court, Cape Town

Case number

A20/2023

Judges

Ndita, Henney, Nziweni

The court found that the AOD, when interpreted holistically and in light of the operative clauses, context, and conduct of the parties, imposed personal liability on both appellants for the debt owed to the respondent. The repeated use of first-person pronouns, renunciation of legal exceptions, provision of personal domicilium addresses, and payment from personal funds all pointed to an intention to bind themselves personally. The second appellant was never a director of Cream Magenta and could only have signed in his personal capacity. The AOD constituted a credit guarantee under section 8(5…

Source excerpt

• Acknowledgment Of Debt
• Personal Liability
• Credit Guarantee
• National Credit Act
• Contract Interpretation

Bradley Interiors CC and Another v Adprops SA (Pty) Ltd (AR139/2022)

Bradley Interiors CC and Another v Adprops SA (Pty) Ltd (AR139/2022) [2023] ZAKZPHC 67 (2 June 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR139/2022

Judges

Smart, Steyn

The High Court dismissed an appeal against summary judgment, holding that a lease signed by the second appellant also made him personally liable as surety.

• Suretyship
• Lease Agreement
• General Law Amendment Act
• Summary Judgment
• Personal Liability
• Lease-agreement

Commissioner for the South African Revenue Services v Khagiso Afrika Holdings (PTY) LTD and Others (49048/2021)

Commissioner for the South African Revenue Services v Khagiso Afrika Holdings (PTY) LTD and Others (49048/2021) [2023] ZAGPPHC 36 (16 January 2023)

Court

North Gauteng High Court, Pretoria

Case number

49048/2021

Judge

Nyathi

The court found that SARS had established the requirements for a final preservation order under section 163 of the Tax Administration Act. The evidence showed that SOA received substantial funds from Khagiso Afrika Holdings and failed to declare the corresponding output VAT, submitting a false VAT201 return. The pattern of immediate fund transfers among associated companies, including SOA, indicated a clear risk of asset dissipation. The court rejected the respondents' argument that SOA had no assets to preserve, noting that the systematic funneling of funds was designed to frustrate tax coll…

Source excerpt

• Tax Preservation Order
• Value Added Tax
• Asset Dissipation
• Tax Evasion
• Section 163 Taa
• Personal Liability

EDS Projects (PTY) Limited v Makibelo (11826/2015)

EDS Projects (PTY) Limited v Makibelo (11826/2015) [2022] ZAGPJHC 555 (16 August 2022)

Court

South Gauteng High Court, Johannesburg

Case number

11826/2015

Judge

L R Adams

The High Court granted judgment for R589,000 on a written acknowledgment of debt, rejecting defences of duress, non-reading, and a claimed corporate debtor.

• Acknowledgment Of Debt
• Summary Judgment
• Personal Liability
• Costs Award
• Acknowledgment-of-debt
• Summary-judgment

Willis v Mahadevy and Others (94037/19)

Willis v Mahadevy and Others (94037/19) [2021] ZAGPPHC 601 (17 September 2021)

Court

North Gauteng High Court, Pretoria

Case number

94037/19

Judge

TLHAPI VV

The High Court granted leave to appeal against summary judgment, finding reasonable prospects of success on issues of personal liability, fee agreements, and related factual disputes.

• Summary Judgment
• Personal Liability
• Company Law
• Fair Trial
• Superior Courts Act
• Summary-judgment

Meatworld Factory CC v E.T. Trading House (Pty) Ltd and Another (25988/2017)

Meatworld Factory CC v E.T. Trading House (Pty) Ltd and Another (25988/2017) [2019] ZAGPJHC 225 (28 June 2019)

Court

South Gauteng High Court, Johannesburg

Case number

25988/2017

Judge

De Kok

The court found that the plaintiff had proven its contractual claim against the first defendant for the unpaid purchase price of goods sold and delivered. However, the plaintiff failed to establish that the second defendant, as director, was personally liable under section 218(2) of the Companies Act. The evidence did not show that the first defendant's business was conducted recklessly at the time of the transaction, nor did it prove that the plaintiff suffered loss or damage as a result of any contravention by the second defendant. The court held that personal liability under section 218(2)…

Source excerpt

• Reckless Trading
• Director Liability
• Business Rescue
• Contract Of Sale
• Personal Liability
• Loss Or Damage

Lipschitz v Buitendach and Another (23409/2018)

Lipschitz v Buitendach and Another (23409/2018) [2019] ZAGPJHC 81 (7 February 2019)

Court

South Gauteng High Court, Johannesburg

Case number

23409/2018

Judge

T J Machaba

The court found that the Applicant had advanced monies to the Respondents under a series of written loan agreements and acknowledgments of debt, all of which were signed and initialled by the First Respondent. The First Respondent's defence that the funds were not loans but capital for TAT, and that the agreements were void or fraudulent, was rejected as implausible and unsupported by evidence. The Second Respondent admitted the debt and confirmed the validity of the agreements. The court held that there was no material dispute of fact precluding judgment on the papers, and that the Applicant…

Source excerpt

• Loan Agreement
• Acknowledgment Of Debt
• Personal Liability
• Contract Enforcement

Fernandes v Parrish and Another (84986/16)

Fernandes v Parrish and Another (84986/16) [2018] ZAGPPHC 841 (9 November 2018)

Court

North Gauteng High Court, Pretoria

Case number

84986/16

Judge

Brand

The High Court rescinded a default judgment after finding a reasonable explanation for the applicant’s default and a bona fide prescription defence.

• Rescission Of Default Judgment
• Condonation Of Late Filing
• Service Of Process
• Prescription
• Personal Liability
• Rescission-of-default-judgment