South Africa Case Law

Johannesburg Social Housing Company Ltd v Quick System (Pty) Ltd and Others (2023/027220)

Johannesburg Social Housing Company Ltd v Quick System (Pty) Ltd and Others (2023/027220) [2025] ZAGPJHC 744 (25 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/027220

Judge

M V Noko

The High Court reviewed and set aside a public tender award after finding material misrepresentation in the bid and ordered a third-party valuation of work done.

• Public Procurement Review
• Misrepresentation In Tender
• Piercing Corporate Veil
• Constitutional Invalidity
• Joint And Several Liability
• Public-procurement-review

Special Investigating Unit and Another v Kroucamp Plumbers (Pty) Ltd and Another (WC01/2024)

Special Investigating Unit and Another v Kroucamp Plumbers (Pty) Ltd and Another (WC01/2024) [2025] ZAST 10 (13 June 2025)

Court

Special Tribunal

Case number

WC01/2024

Judge

D. Makhoba

The Special Tribunal set aside two public tenders to Kroucamp Plumbers, granted condonation for late filing, pierced the corporate veil, and dismissed the counterclaim.

• Public Procurement Irregularities
• Fraudulent Misrepresentation
• Piercing Corporate Veil
• Unjustified Enrichment
• Condonation For Delay
• Conflict Of Interest

Stewart v Dutch Wings Foundation and Others (C605/2018)

Stewart v Dutch Wings Foundation and Others (C605/2018) [2025] ZALCCT 33 (7 May 2025)

Court

Labour Court Cape Town

Case number

C605/2018

Judge

Mabaso

The Court found that the proceedings were governed by the Basic Conditions of Employment Act, not the Labour Relations Act, and thus the principle that costs follow the result applied. The Applicant was justified in seeking costs due to the Respondents' conduct and the necessity of litigation to enforce prior orders. There was no evidence of exceptional circumstances warranting a punitive costs order on an attorney and own client scale. The Respondents voluntarily participated in the proceedings and agreed to the orders, including the postponement and the determination of costs at a later sta…

Source excerpt

• Costs Award
• Piercing Corporate Veil
• Basic Conditions Of Employment Act
• Attorney And Client Costs
• Party And Party Costs

Brandenburg Partners Limited v Honigwachs and Others (14135/2022)

Brandenburg Partners Limited v Honigwachs and Others (14135/2022) [2024] ZAWCHC 279 (25 September 2024)

Court

Western Cape High Court, Cape Town

Case number

14135/2022

Judge

B J Manca

The court found that the objections raised by the defendants were insufficient to disallow the plaintiff's amendment. All present defendants are within the court's jurisdiction, and issues of forum non conveniens and prescription are triable matters to be determined at trial, not at the amendment stage. The court held that the plaintiff was not required to plead expert evidence on foreign law at this stage, only the relevant duties and breaches under the contracts governed by foreign law. The particulars of claim adequately pleaded the basis for piercing the corporate veil and holding the ind…

Source excerpt

• Amendment Of Pleadings
• Joinder Of Parties
• Edictal Citation
• Piercing Corporate Veil
• Fiduciary Duties
• Foreign Law Contracts

Mabaso v Sign By Sign CC and Others (J560/22)

Mabaso v Sign By Sign CC and Others (J560/22) [2024] ZALCJHB 377 (17 September 2024)

Court

Labour Court Johannesburg

Case number

J560/22

Judge

Beckenstrater

The Labour Court dismissed an application to pierce the corporate veil and hold related respondents liable for an unpaid award, finding no sufficient proof of abuse.

• Piercing Corporate Veil
• Constructive Dismissal
• Section 197 Transfer
• Joinder
• Arbitration Award Enforcement
• Piercing-corporate-veil

Y.M v T.J.M N.O and Others (2022-026526)

Y.M v T.J.M N.O and Others (2022-026526) [2024] ZAGPPHC 901 (5 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

2022-026526

Judge

M van Nieuwenhuizen

The High Court granted joinder of a trust and company in a divorce action involving accrual, holding their assets may affect the matrimonial estate calculation.

• Accrual System
• Piercing Corporate Veil
• Joinder Of Parties
• Trust Assets In Divorce
• Matrimonial Property Act
• Company Asset Ownership

Saint Gobain Construction Products South Africa (Pty) Ltd v Mathula Investment and Construction CC and Others (2023/112275)

Saint Gobain Construction Products South Africa (Pty) Ltd v Mathula Investment and Construction CC and Others (2023/112275) [2024] ZAGPJHC 648 (5 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/112275

Judge

WJ Du Plessis

The High Court dismissed an exception to particulars of claim in a fraud and enrichment action, finding the pleadings sufficiently alleged causes of action.

• Exception To Pleadings
• Fraud
• Close Corporations Act Section 64
• Unjustified Enrichment
• Piercing Corporate Veil
• Exception-to-pleadings

Pathways Holdings (Pty) Limited and Another v Ribeiro and Another (2022/6747)

Pathways Holdings (Pty) Limited and Another v Ribeiro and Another (2022/6747) [2024] ZAGPJHC 542; 2025 (1) SA 298 (GJ) (5 June 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/6747

Judge

AD Stein

The court held that the damages undertaking given in the course of obtaining an Anton Piller Order is a condition imposed by the court in the exercise of its discretion and does not create an independent substantive right of action. The enforcement of the undertaking is subject to the court's discretion, which may be exercised in subsequent proceedings, and is not limited to the court that set aside the Anton Piller Order. The court found that the exceptions raised by the defendants were unsustainable: the first exception failed because the question of enforcement of the undertaking is distin…

Source excerpt

• Anton Piller Order
• Damages Undertaking
• Exception Procedure
• Piercing Corporate Veil

De Luca and Others v Brazilie Farms (Pty) Ltd and Others (2023-130579)

De Luca and Others v Brazilie Farms (Pty) Ltd and Others (2023-130579) [2024] ZAGPJHC 18 (4 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023-130579

Judge

N Manoim

The High Court dismissed an urgent bid to stop a farm lease, finding the beneficiaries had not shown a prima facie right to exclusive use of the whole farm.

• Interim Interdict
• Trust Beneficiary Rights
• Nature Conservation
• Lease Agreement
• Piercing Corporate Veil
• Interim-interdict

K[...] 3214 CC v N.S (2023-004047)

K[...] 3214 CC v N.S (2023-004047) [2023] ZAGPJHC 1410 (15 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023-004047

Judge

Y Carrim

The High Court dismissed a rei vindicatio for a Toyota Land Cruiser, granted condonation for a late answering affidavit, and awarded punitive costs.

• Rei Vindicatio
• Condonation For Late Filing
• Matrimonial Dispute
• Piercing Corporate Veil
• Maintenance Obligations
• Rei-vindicatio