South Africa Case Law

Engineering Industries Pension Fund and Another v Installair (Pty) Ltd and Others (1633/2023)

Engineering Industries Pension Fund and Another v Installair (Pty) Ltd and Others (1633/2023) [2025] ZAWCHC 8 (16 January 2025)

Court

Western Cape High Court, Cape Town

Case number

1633/2023

Judge

Parker

The High Court ordered two company directors to provide missing pension and provident fund schedules, pay outstanding contributions, interest, and attorney-and-client costs.

• Pension Funds Act
• Personal Liability Of Directors
• Outstanding Contributions
• Statutory Obligations
• Liquidation
• Prescribed Interest

NMB Bank Limited v Capsopoulos and Another (505/2016)

NMB Bank Limited v Capsopoulos and Another (505/2016) [2017] ZASCA 94; [2017] 3 All SA 765 (SCA) (15 June 2017)

Court

Supreme Court of Appeal

Case number

505/2016

Judges

Shongwe, Ponnan, Leach, Molemela, Gorven

The Supreme Court of Appeal found that the respondents, experienced businesspeople, were fully aware of Zimbabwe's strict foreign exchange controls and the unlawfulness of the scheme by which they received US dollars from the appellant bank. The respondents' use of coded language and their knowledge of the fraudulent documentation supporting the payments demonstrated complicity in the fraud. The payments were made pursuant to a scheme that misrepresented the nature of transactions to the bank, inducing it to part with scarce foreign currency. The respondents personally benefited from the frau…

Source excerpt

• Exchange Control
• Fraudulent Misrepresentation
• Unjust Enrichment
• Foreign Currency Regulation
• Joint And Several Liability
• Prescribed Interest

Trust Hungary RZT v Vincorp (Pty) Ltd (A584/14)

Trust Hungary RZT v Vincorp (Pty) Ltd (A584/14) [2016] ZAWCHC 112 (2 September 2016)

Court

Western Cape High Court, Cape Town

Case number

A584/14

Judges

Erasmus, Samela, Rogers

The High Court held Vincorp liable for the price of wine barrels supplied, finding that the parties’ conduct and documents showed a binding sale contract.

• Contractual Consensus
• Quasi Mutual Assent
• Sale Of Goods
• Prescribed Interest
• Agency Relationship
• Contractual-consensus

Pape v El Gondor Trading 220 (Pty) Ltd and Another (11090/12)

Pape v El Gondor Trading 220 (Pty) Ltd and Another (11090/12) [2014] ZAGPPHC 859 (7 October 2014)

Court

North Gauteng High Court, Pretoria

Case number

11090/12

Judge

D S Fourie

The High Court held that a written management agreement was orally varied, rejected reliance on a non-variation clause, and ordered repayment of the capital and interest.

• Oral Variation Of Contract
• Non Variation Clause
• Contractual Liability
• Prescribed Interest
• Management Agreement
• Oral-variation-of-contract