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South Africa decisions
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Mphambo and Others v Minister of Police (13065/17) [2022] ZAGPPHC 206 (31 March 2022)
The High Court held that the plaintiffs’ arrest was lawful under section 40(1)(a) and (h) of the Criminal Procedure Act and dismissed their damages claim.
Rantho v Mankoe and Another (4402/07) [2012] ZAGPPHC 338 (14 December 2012)
The court held the second defendant jointly liable on a loan agreement and dismissed the first defendant’s counterclaim based on an alleged telephonic commission agreement.
Dede Pine and Timber Products CC v Blick South Africa (Pty) Ltd (AR 226/11) [2011] ZAKZPHC 56 (1 September 2011)
The court held that the defendant was deemed to have admitted, through its pleadings and conduct, that it was the party to the rental agreement, despite the omission of 'CC' in the contract name. The evidence established that the equipment was installed at the defendant's premises and that the defendant engaged with the plaintiff regarding the agreement and the equipment. The omission of the abbreviation 'CC' was immaterial, as the parties clearly intended to contract with each other, and the defendant's own admissions and conduct confirmed this. The appeal was found to be frivolous and witho…
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Van der Merwe v Minister of Safety and Security (2565/2009) [2011] ZAECGHC 1 (13 January 2011)
The court found that the plaintiff was arrested and detained without a valid warrant and without reasonable grounds as required by the Domestic Violence Act and Criminal Procedure Act. The defendant admitted in its plea that the arrest was effected without a warrant, and failed to prove that a protection order or warrant was served on the plaintiff. Constable De Reuck did not comply with statutory requirements, did not investigate the allegations adequately, and failed to consider the lapse of time and absence of imminent harm. The plaintiff's evidence was accepted as credible, while the defe…
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Harmony Gold Mining Co (Pty) Ltd v Le Hardy (A42/2010) [2010] ZAFSHC 69 (29 July 2010)
The High Court dismissed an appeal about liability for a former spouse’s medical fund contributions after a business transfer, relying on section 197 and pleadings admissions.
Gallant v Minister of Safety and Security (CA 122/2007) [2008] ZAECHC 127 (23 July 2008)
The High Court dismissed an appeal about a state vehicle crash, holding the plea admitted liability under the regulations and no statutory defence was available.
FPS Ltd. v Trident Construction (Pty) Ltd. (519/87) [1989] ZASCA 28; [1989] 2 All SA 295 (A) (29 March 1989)
The court found that Roberts was a servant of F.P.S. Limited and acted within the course and scope of his employment when he solicited and received the investment funds from Broadbent. The evidence established that Broadbent intended to deal with F.P.S. through Roberts, relying on F.P.S.'s reputation and prior dealings. The written contract of employment and the degree of control exercised by F.P.S. over its consultants supported the existence of a master-servant relationship. Although Roberts exceeded his authority by arranging a syndicated investment, his actions fell within the functions f…
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