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South Africa decisions
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Lubisi / GMH Joint Venture v SMC Enterprise 2 CC (2357/2022) [2025] ZAMPMBHC 1 (22 January 2025)
The High Court held that SMC Enterprise failed to prove payment of the Joint Venture’s invoices and ordered it to pay the outstanding R784,875 plus interest and costs.
Tondolo t/a Tondolo Partnership v MJ Mboya Project Managers CC and Another (99968/15) [2019] ZAGPPHC 278 (2 July 2019)
Architect’s claim for unpaid fees failed after the court found no proven tacit term for payment within 30 days and no proof the Department had paid the project manager.
Afri-Coast Engineers SA (Pty) Ltd v Amatola Water Board (546/18) [2018] ZAECGHC 31 (8 May 2018)
The court refused summary judgment in a contract claim for unpaid engineering fees, finding the defendant had raised a bona fide defence and leave to defend should be granted.
City of Tshwane v Themba Consultants (Pty) Ltd (34336/2015) [2016] ZAGPPHC 762 (26 August 2016)
The court found that the City of Tshwane failed to raise a genuine bona fide dispute of fact regarding the claims of Themba Consultants. The applicant did not provide evidence of non-compliance with the Guidelines or the suspensive conditions, and had in fact made part payment under the contract, indicating waiver of such conditions. The court held that the Guidelines were not peremptory and that the respondent had delivered the required services, substantiated by documentary evidence. The dispute resolution clause was not applicable as no real dispute was raised, and attempts to resolve the…
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Themba Consultants (Pty) Ltd v City of Tshwane (34336/2015) [2016] ZAGPPHC 457 (6 June 2016)
The court upheld an engineering consultant’s claim against the City of Tshwane, struck out a deficient discovery notice, and ordered payment with interest and costs.
Herman Stols Rekenmeesters BK v Rademeyer (A266/14) [2016] ZAGPPHC 464 (15 March 2016)
The High Court overturned absolution from the instance, holding the appellant had shown prima facie evidence that its professional fees were reasonable.
Bentel Abramson & Partners (Pty) Ltd and Another v Sender NO (A5039/06) [2007] ZAGPHC 361 (17 October 2007)
Appeal allowed: the High Court held that non-registration under the Architects’ Act did not automatically bar recovery of architectural fees.
Blackie Swart Argitekte v Van Heerden (411/1983) [1985] ZASCA 107; [1986] 1 All SA 373 (A) (27 September 1985)
The Supreme Court of Appeal held that the payment of R5,040 by the respondent, although accompanied by a condition of full and final settlement, did not extinguish the appellant's claim for the full amount. The secretary who accepted the payment lacked authority to settle the dispute, and the principal (appellant) had expressly instructed its attorney to pursue the full claim. The respondent's reliance on estoppel failed due to the absence of necessary factual and legal foundation. The evidence established that the appellant had performed its contractual obligations by preparing the working d…
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