South Africa Case Law

L.N and Another v King Sabata Dalindyebo Municipality and Others (2515/2025)

L.N and Another v King Sabata Dalindyebo Municipality and Others (2515/2025) [2025] ZAECMHC 56 (13 June 2025)

Court

Eastern Cape High Court, Mthatha

Case number

2515/2025

Judge

Zono

The High Court dismissed an urgent challenge to electricity disconnection, holding the applicants lacked standing because they were not parties to the supply contract.

• Privity Of Contract
• Municipal Services
• Electricity Supply Termination
• Standing To Sue
• Promotion Of Administrative Justice Act
• Privity-of-contract

Die Nederduitsch Hervormde Kerk van Afrika and Others v Die Wilge Hervormde Gemeente and Others (1089/2022)

Die Nederduitsch Hervormde Kerk van Afrika and Others v Die Wilge Hervormde Gemeente and Others (1089/2022) [2024] ZASCA 128 (30 September 2024)

Court

Supreme Court of Appeal

Case number

1089/2022

Judges

Schippers, Mabindla-Boqwana, Smith, Keightley, Hendricks

The Supreme Court of Appeal upheld an appeal, joined four intervening congregations, and remitted a church-property dispute after the high court raised privity of contract mero motu.

• Joinder Of Parties
• Privity Of Contract
• Authority To Alienate Property
• Church Governance
• Mootness
• Intervention Applications

Bloemfontein Correctional Contracts Proprietary Limited v Minister of Justice and Correctional Services and Another (067524/2023)

Bloemfontein Correctional Contracts Proprietary Limited v Minister of Justice and Correctional Services and Another (067524/2023) [2024] ZAGPPHC 948 (26 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

067524/2023

Judge

M Kubushi

The court found that the second respondent did not have a direct and substantial legal interest in the proceedings, as its interest was merely financial and not a legal interest that could be prejudicially affected by the order. The absence of privity of contract between the first and second respondents further precluded standing. The court rejected the argument that mere citation in the proceedings conferred a right to participate, distinguishing Van Staden on its facts. The court held that there were no reasonable prospects of success on appeal and no compelling reasons to grant leave. The…

Source excerpt

• Leave To Appeal
• Standing
• Privity Of Contract
• Direct And Substantial Interest
• Interim Interdict
• Contractual Dispute

Mann v Aero Natal (Pty) Ltd and Another (11250/21)

Mann v Aero Natal (Pty) Ltd and Another (11250/21) [2024] ZAKZDHC 14 (24 April 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

11250/21

Judge

Tucker AJ

The High Court rectified a clause in a share sale agreement, but found the agreement void for failure of a suspensive condition and dismissed the remaining relief.

• Rectification Of Contract
• Suspensive Conditions
• Privity Of Contract
• Specific Performance
• Company Asset Disposition
• Rectification-of-contract

Bloemfontein Correctional Contract (Pty) Ltd v Minister of Justice and Correctional Services and Another (067524/23)

Bloemfontein Correctional Contract (Pty) Ltd v Minister of Justice and Correctional Services and Another (067524/23) [2024] ZAGPPHC 378 (14 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

067524/23

Judge

Kubushi

The High Court held that a subcontractor cited in proceedings could not seek substantive relief where it lacked privity of contract and a direct legal interest.

• Privity Of Contract
• Standing
• Interim Interdict
• Concession Agreement
• Joinder Of Parties
• Privity-of-contract

Banda and Another v Xenforce Proprietary Limited (008220/2022)

Banda and Another v Xenforce Proprietary Limited (008220/2022) [2023] ZAGPJHC 1195 (23 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

008220/2022

Judge

Twala M L

The High Court dismissed an exception to amended particulars of claim, finding the pleadings disclosed a cause of action and the oral agreements were independent.

• Exception Procedure
• Oral Agreements
• Housing Consumers Protection Measures Act
• Privity Of Contract
• Specific Performance
• Penalty Clauses

United Congregational Church of South Africa (Oudtshoorn) v Minister of the Department of Agriculture and Land Reform and Rural Development and Others (156/2022)

United Congregational Church of South Africa (Oudtshoorn) v Minister of the Department of Agriculture and Land Reform and Rural Development and Others (156/2022) [2023] ZAWCHC 256 (12 October 2023)

Court

Western Cape High Court, Cape Town

Case number

156/2022

Judge

Wille

The high court dismissed an application concerning church property, held the applicant had not shown entitlement to final relief, and allowed intervention by Matjesrivier Independente Kerk.

• Church Property Dispute
• Designation Of Property
• Privity Of Contract
• Administrative Action Review
• Church-property-dispute
• Leave-to-intervene

Boffin and Fundi (PTY) LTD Limited v Bloemwater and Others (6204/2022)

Boffin and Fundi (PTY) LTD Limited v Bloemwater and Others (6204/2022) [2023] ZAFSHC 9 (23 January 2023)

Court

Free State High Court, Bloemfontein

Case number

6204/2022

Judge

N.S. Daniso

The High Court dismissed an urgent interdict application, holding that Bloem Water was not a party to the underlying contract and privity of contract defeated the relief.

• Urgent Interdict
• Privity Of Contract
• Service Level Agreement
• Municipal Services
• Condonation
• Contractual Repudiation

VBS Mutual Bank (In Liquidation) v Universal Service and Access Agency of South Africa (2021/25614)

VBS Mutual Bank (In Liquidation) v Universal Service and Access Agency of South Africa (2021/25614) [2022] ZAGPJHC 1012 (14 December 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2021/25614

Judge

Maier-Frawley

Leave to appeal was refused in a dispute over whether USAASA’s payment undertaking created an independent debt to VBS.

• Contractual Interpretation
• Privity Of Contract
• Payment Undertaking
• Leave To Appeal
• Cession Of Rights
• Leave-to-appeal

Cargo Movers (South Africa) (Pty) Ltd v Transnet SOC Limited (64902/2016)

Cargo Movers (South Africa) (Pty) Ltd v Transnet SOC Limited (64902/2016) [2022] ZAGPPHC 903 (17 November 2022)

Court

North Gauteng High Court, Pretoria

Case number

64902/2016

Judge

Maubane

The court found that the plaintiff and Tengwa Africa are separate legal entities, and any costs incurred by Tengwa Africa in performing the contract cannot be claimed by the plaintiff from the defendant. The LOA and RFP expressly prohibited undisclosed subcontracting and required any subcontractor to be disclosed and to have an equal or higher BBBEE status. The plaintiff failed to disclose Tengwa Africa and subcontracted 100% of the work, contrary to the RFP. The evidence showed that all payments due for services rendered under the LOA were made to the plaintiff, and any further costs were in…

Source excerpt

• Breach Of Contract
• Subcontracting Prohibition
• Prescription Of Debt
• Privity Of Contract
• Reasonable Actual Costs
• Letter Of Award