South Africa Case Law

Distedu Holdings (Pty) Ltd v Minister of Cooperative Governance and Traditional Affairs (28867/2019)

Distedu Holdings (Pty) Ltd v Minister of Cooperative Governance and Traditional Affairs (28867/2019) [2024] ZAGPPHC 1134 (4 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

28867/2019

Judge

N Davis

The court found that the plaintiff's particulars of claim against Distedu Holdings (Pty) Ltd were sufficiently clear and pleaded all necessary elements for both the condictio ob turpem vel iniustam causa and a general enrichment claim. The complaints raised in the exception regarding vagueness and lack of cause of action were unfounded, as the absence of a valid agreement, enrichment, and impoverishment were expressly pleaded. The facts closely resembled those in Perry, where the Supreme Court of Appeal held that recipients of laundered or misappropriated funds may be liable once they have kn…

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• Unjustified Enrichment
• Condictio Ob Turpem Vel Iniustam Causa
• Condictio Indebiti
• Municipal Infrastructure Grants
• Pleading Exception
• General Enrichment Claim

Shoprite Checkers (Pty) Ltd v Premier of the Western Cape Province and Another (17531/2022)

Shoprite Checkers (Pty) Ltd v Premier of the Western Cape Province and Another (17531/2022) [2023] ZAWCHC 308 (1 December 2023)

Court

Western Cape High Court, Cape Town

Case number

17531/2022

Judge

Jamie

The court held that the notices of expropriation, properly construed, included both the existing and new road reserves as expropriated property. The documents attached to the notices, other than the official notice and sketch plan, were not part of the statutory notice and could not be used to limit or interpret the extent of expropriation. The court rejected the defendants' argument that no compensation was payable for the existing road reserves, finding that the statutory and constitutional framework requires clarity and fairness in administrative action and compensation. The exception proc…

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• Expropriation
• Compensation For Expropriation
• Road Reserves
• Promotion Of Administrative Justice Act
• Statutory Interpretation
• Pleading Exception

Mkalipi v Minister of Labour and Employment NO and Another (JS 257/2022)

Mkalipi v Minister of Labour and Employment NO and Another (JS 257/2022) [2023] ZALCJHB 251 (25 August 2023)

Court

Labour Court Johannesburg

Case number

JS 257/2022

Judge

M Jolwana

The court held that the applicant's pleadings, if accepted as true, disclose a cause of action for unfair discrimination on an arbitrary ground under section 6(1) of the Employment Equity Act. The applicant alleges that the differential treatment between himself and Mr Ndebele, with no justifiable operational or employment reason, constitutes an affront to his human dignity. The court found that the applicant has pleaded facts that, if proved, would amount to unfair discrimination analogous to the listed grounds, as required by binding authority. The court emphasized that at the pleading stag…

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• Employment Equity Act
• Unfair Discrimination
• Arbitrary Ground
• Human Dignity
• Unfair Labour Practice
• Pleading Exception

Nedbank Limited v Botha N.O and Others (1210/2018)

Nedbank Limited v Botha N.O and Others (1210/2018) [2019] ZAECGHC 118 (12 November 2019)

Court

Eastern Cape High Court, Grahamstown

Case number

1210/2018

Judge

G H Bloem

The court dismissed Nedbank’s exception to a plea in a suretyship dispute, holding paragraph 7.4 was relevant and not a separate defence.

• Close Corporations Act
• Suretyship
• Pleading Exception
• Authority Of Agent
• Exception-to-plea
• Close-corporations-act

Nkosi v Minister of Home Affairs and Others (63708/2016)

Nkosi v Minister of Home Affairs and Others (63708/2016) [2017] ZAGPPHC 1078 (18 December 2017)

Court

North Gauteng High Court, Pretoria

Case number

63708/2016

Judge

Brand

The High Court upheld an exception to a plea, holding that the Immigration Act does not empower an officer to declare a citizen an illegal foreigner.

• Immigration Act
• Citizenship Deprivation
• Pleading Exception
• Review Of Administrative Action
• Immigration-law
• Citizenship

Alfagranite (Pty) Ltd v Alexander Forbes Insurance Company Ltd (38037/2014)

Alfagranite (Pty) Ltd v Alexander Forbes Insurance Company Ltd (38037/2014) [2015] ZAGPPHC 343 (22 May 2015)

Court

North Gauteng High Court, Pretoria

Case number

38037/2014

Judge

TLHAPI V.V

High Court dismissed an insurer’s exception to a replication in a short-term insurance dispute about alleged material non-disclosure and estoppel.

• Material Non Disclosure
• Insurance Contracts
• Estoppel
• Pleading Exception
• Short Term Insurance Act
• Material-nondisclosure

Really Useful Investments NO 219 (Pty) Ltd v City of Cape Town and Others (8102/2014)

Really Useful Investments NO 219 (Pty) Ltd v City of Cape Town and Others (8102/2014) [2015] ZAWCHC 35 (27 March 2015)

Court

Western Cape High Court, Cape Town

Case number

8102/2014

Judge

K M Savage

The court held that section 34 of the ECA creates a statutory compensation right not limited by liability clauses, so the exception and plea failed.

• Environment Conservation Act
• Statutory Compensation
• Limitation Of Liability
• Constitutional Right To Environment
• Expropriation
• Pleading Exception

Du Toit v Cape west Coast Biosphere Reserve (C790/2014)

Du Toit v Cape west Coast Biosphere Reserve (C790/2014) [2015] ZALCCT 21 (11 March 2015)

Court

Labour Court Cape Town

Case number

C790/2014

Judge

Steenkamp

The Labour Court upheld an exception to a counterclaim, finding the pleading vague and embarrassing and giving the respondent 15 days to amend.

• Employment Contract
• Specific Performance
• Pleading Exception
• Fraudulent Misrepresentation
• Labour-law
• Civil-procedure

Afrifresh Group (Pty) Limited v Alan Jaques Renard (Pty) Limited (2013/16380)

Afrifresh Group (Pty) Limited v Alan Jaques Renard (Pty) Limited (2013/16380) [2015] ZAGPJHC 9 (3 February 2015)

Court

South Gauteng High Court, Johannesburg

Case number

2013/16380

Judge

N P G Redman

High Court exception proceedings over a pleaded contract claim were upheld because the particulars of claim contradicted the attached instruction and were vague and embarrassing.

• Pleading Exception
• Vague And Embarrassing
• Breach Of Contract
• Interpretation Of Contracts
• Exception
• Vague-and-embarrassing