Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
2 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Delict [2022] ZAGPPHC 804

Minister of Police v Mathibela (A165/2021)

Minister of Police v Mathibela (A165/2021) [2022] ZAGPPHC 804 (2 November 2022)

Court
North Gauteng High Court, Pretoria
Case number
A165/2021
Judges
Burger AJ, Mazibuko AJ, Makhoba J

The appeal court found that the trial court erred by deciding the case on grounds not pleaded by the plaintiff, specifically regarding a previous shooting incident and the alleged unlawful issuance of the firearm. The plaintiff's particulars of claim did not allege prior misconduct or unlawful issuance, and the evidence did not support such findings. The court held that Seloana was off duty, attending a private function, and acting in his personal capacity. The use of a state-issued firearm did not establish a sufficiently close connection to the employer's business. The employer's constituti…

Source excerpt

  • Vicarious Liability
  • Close Connection Test
  • Pleading Precision
  • Omission And Commission
  • Firearm Issuance
  • Constitutional Duty Of Police
Read case analysis
Commercial And Corporate [1993] ZASCA 36

Imprefed (Pty) Ltd. v National Transport Commission (13/91)

Imprefed (Pty) Ltd. v National Transport Commission (13/91) [1993] ZASCA 36; 1993 (3) SA 94 (AD); [1993] 2 All SA 179 (A) (22 March 1993)

Court
Supreme Court of Appeal
Case number
13/91
Judges
Joubert, E M Grosskopf, Kumleben, Nienaber, Van Coller

The Supreme Court of Appeal held that the appellant's claims for additional remuneration, loss of productivity, and overheads were not sustainable under the contract. The contract was a rate and measurement contract, and the agreed rates or contract rates governed all remuneration for work done, including variations and extra work. The appellant's attempt to claim additional compensation based on fairness, more onerous conditions, or the Engineer's recommendations was rejected, as the contract provided exclusive remedies and mechanisms for payment. The pleadings did not permit reliance on con…

Source excerpt

  • Construction Contracts
  • Variation Orders
  • Remuneration Under Contract
  • Pleading Precision
  • Damages For Breach
  • Quantification Of Claims
Read case analysis

About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.