South Africa Case Law

Mabundla v Bollore Logistics (J1038/23)

Mabundla v Bollore Logistics (J1038/23) [2025] ZALCJHB 318 (10 July 2025)

Court

Labour Court Johannesburg

Case number

J1038/23

Judge

M Makhura

The Labour Court found that the jurisdictional requirements for making the settlement agreement an order of court under section 158(1)(c) and 158(1A) of the LRA were satisfied. However, the respondent had already complied with the terms of the agreement by paying the applicant the full amount of R150,000.00, as evidenced by proof of payment and the applicant's own concession. As a result, granting the application would have no practical effect, as the agreement had been fully performed. The applicant's claim for additional money was irrelevant to the present application and should be pursued…

Source excerpt

• Settlement Agreement
• Section 158 1 C Lra
• Jurisdictional Preconditions
• Enforcement Of Settlement
• Practical Effect
• Proof Of Payment

Lubisi / GMH Joint Venture v SMC Enterprise 2 CC (2357/2022)

Lubisi / GMH Joint Venture v SMC Enterprise 2 CC (2357/2022) [2025] ZAMPMBHC 1 (22 January 2025)

Court

Mbombela High Court, Mpumalanga

Case number

2357/2022

Judge

Mashile

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.

• Joint Venture Liability
• Contractual Payment Obligation
• Proof Of Payment
• Professional Services Contract
• Joint-venture-liability
• Contractual-payment-obligation

Warren N.O v Muller (420/2022)

Warren N.O v Muller (420/2022) [2024] ZAGPJHC 848 (29 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

420/2022

Judge

Wepener

The High Court held that the defendant failed to prove repayment of a loan advanced by the deceased and ordered payment of the principal, interest, and costs.

• Loan Agreement
• Proof Of Payment
• Balance Of Probabilities
• Onus Of Proof
• Loan-agreement
• Proof-of-payment

Peloeahae v Peloeahae and Another (20/39470)

Peloeahae v Peloeahae and Another (20/39470) [2023] ZAGPJHC 320 (11 April 2023)

Court

South Gauteng High Court, Johannesburg

Case number

20/39470

Judge

S C Mia

The court found that the applicant failed to provide documentary proof of payment for the deposit, bond instalments, or any written agreement supporting her claim to ownership. The alleged nominee oral agreement was denied by the respondent and not supported by evidence. Section 2 of the Alienation of Land Act requires a written deed of alienation, which was absent. The court distinguished the precedent relied upon by the applicant, noting the facts were materially different and did not support her claim. Furthermore, the interests of the minor children as beneficiaries of the deceased's esta…

Source excerpt

• Alienation Of Land Act
• Nominee Agreement
• Proof Of Payment
• Intestate Succession
• Children S Rights

Velocity Finance (RF) Limited v Waste Partner Investment (Pty) Ltd (49858/2021)

Velocity Finance (RF) Limited v Waste Partner Investment (Pty) Ltd (49858/2021) [2022] ZAGPPHC 980 (6 December 2022)

Court

North Gauteng High Court, Pretoria

Case number

49858/2021

Judge

E van der Schyff

Summary judgment was granted in a vehicle finance dispute after the defendant failed to disclose a bona fide defence to cancellation, return of the vehicle, and costs.

• Summary Judgment
• Credit Agreement
• Electronic Signature
• Proof Of Payment
• Summary-judgment
• Credit-agreement

Mkololo v Speedshop Bloemfontein (FSCAC2021/6-6)

Mkololo v Speedshop Bloemfontein (FSCAC2021/6-6) [2022] ZACONAF 19 (28 October 2022)

Court

Consumer Affairs Court

Case number

FSCAC2021/6-6

Judge

N M Bahlekazi

The Consumer Court for the Free State ordered Speedshop Bloemfontein to refund R50 000 and R600, but refused a claimed R27 000 refund for lack of proof.

• Default Judgment
• Proof Of Payment
• Refund Claim
• Service Of Process
• Default-judgment
• Proof-of-payment

Mbita Consulting Services CC v Passenger Rail Agency of South Africa (Pty) Ltd Trading as Prasa Real Estate Solutions (2019/25285)

Mbita Consulting Services CC v Passenger Rail Agency of South Africa (Pty) Ltd Trading as Prasa Real Estate Solutions (2019/25285) [2020] ZAGPJHC 72 (5 March 2020)

Court

South Gauteng High Court, Johannesburg

Case number

2019/25285

Judge

Spilg

The court dismissed PRASA’s leave to appeal, holding there was no basis to rescind its earlier order and no reasonable prospect of success on the stay-of-execution issues.

• Stay Of Execution
• Rescission Of Judgment
• Proof Of Payment
• Arbitration Award
• Uniform Rule 45a
• Stay-of-execution

Galactic Auto (Pty) Ltd v Venter (4052/2017)

Galactic Auto (Pty) Ltd v Venter (4052/2017) [2019] ZALMPPHC 27 (14 June 2019)

Court

Limpopo High Court, Polokwane

Case number

4052/2017

Judge

Makgoba JP

The High Court held the defendant bore the risk of payment sent to a fraudulent bank account and rejected estoppel and the counterclaim.

• Sale Of Goods
• Payment Interception
• Estoppel
• Misrepresentation
• Risk Of Loss
• Proof Of Payment

Brandbase IT & Printing Solutions v Minister of Police (4966-2016)

Brandbase IT & Printing Solutions v Minister of Police (4966-2016) [2018] ZAGPPHC 484 (3 July 2018)

Court

North Gauteng High Court, Pretoria

Case number

4966-2016

Judge

N. Janse Van Nieuwenhuizen

The High Court dismissed Brandbase IT & Printing Solutions’ claim after finding the Minister of Police paid the invoice in line with a written instruction to link vendor accounts.

• Payment Instructions
• Vendor Account Verification
• Services Rendered
• Proof Of Payment
• Payment-instructions
• Vendor-account-verification

Absa Bank Ltd v Nedbank Ltd t/a The Motor Finance Corporation and Others (13187/2016)

Absa Bank Ltd v Nedbank Ltd t/a The Motor Finance Corporation and Others (13187/2016) [2016] ZAWCHC 190 (15 December 2016)

Court

Western Cape High Court, Cape Town

Case number

13187/2016

Judge

Rogers

The High Court held that Absa proved ownership of four vehicles under a floorplan arrangement and rejected MFC’s estoppel defence.

• Reivindicatio
• Ownership Of Moveable Property
• Estoppel
• Floorplan Agreements
• Proof Of Payment
• Vehicle-ownership