South Africa Case Law

BMW Financial Services CC v Ndlangisa Funeral Services CC and Another (12251/2023P)

BMW Financial Services CC v Ndlangisa Funeral Services CC and Another (12251/2023P) [2025] ZAKZPHC 66 (9 July 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

12251/2023P

Judge

Masipa

Condonation for the late filing of the summary judgment application is refused because, although the delay was minimal and reasonably explained, the applicant failed to demonstrate any prospects of success in the summary judgment application. The respondents had remedied the arrears prior to the hearing, and the evidence did not establish a persistent breach at the time of summons. Enforcement of cancellation and repossession in these circumstances is contrary to public policy and fairness, as the underlying indebtedness had been cured. The respondents raised genuine disputes of fact regardin…

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• Summary Judgment
• Condonation
• Instalment Sale Agreement
• National Credit Act
• Consumer Protection Act
• Public Policy

South Africa Securitisation Programme (RF) Limited v T Abrahams Transport Services (Pty) Ltd and Another (381/2023)

South Africa Securitisation Programme (RF) Limited v T Abrahams Transport Services (Pty) Ltd and Another (381/2023) [2025] ZAWCHC 215 (22 May 2025)

Court

Western Cape High Court, Cape Town

Case number

381/2023

Judge

P. S. Van Zyl

The court found that the defendants had raised triable issues sufficient to resist summary judgment. The circumstances surrounding the signing of the contract, including the lack of opportunity to read, unreadability of the document, and the presence of unusual and onerous clauses not brought to the defendants' attention, warranted a trial. The defence of material misrepresentation by the agent, particularly regarding undisclosed additional costs, also raised a genuine issue for trial. The plaintiff, as cessionary, lacked personal knowledge of the contract negotiations and could not refute th…

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• Summary Judgment
• Caveat Subscriptor
• Misrepresentation
• Exemption Clauses
• Public Policy
• Contractual Defences

Sourceworks (Pty) Ltd v Datacentrix (Pty) Ltd (2024/065728)

Sourceworks (Pty) Ltd v Datacentrix (Pty) Ltd (2024/065728) [2025] ZAGPJHC 470 (19 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/065728

Judge

S D J Wilson

The High Court held that a company-to-company undertaking to remove an employee from a project was unenforceable and contrary to public policy.

• Restraint Of Trade
• Public Policy
• Joinder
• Interdictory Relief
• Restraint-of-trade
• Public-policy

J.V.S v M.V.S and Others (Appeal) (HCAA34/2023)

J.V.S v M.V.S and Others (Appeal) (HCAA34/2023) [2025] ZALMPPHC 101 (19 May 2025)

Court

Limpopo High Court, Polokwane

Case number

HCAA34/2023

Judges

Muller, Ngobeni, Makoti

The court found that the issue of whether the settlement agreement was void as contra bonos mores had become moot, as the agreement was no longer applicable after 2024. Regarding cancellation, the court held that the first respondent failed to pay R1,000,000 as part of the purchase price and did not remedy the breach despite demand, constituting repudiation. The appellant was entitled to cancel the agreement. The court a quo erred in finding otherwise. As for the prior order by Makgoba JP, intervening circumstances, including the sale of property by agreement and the winding up of the second…

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• Settlement Agreement Enforceability
• Maintenance Obligations
• Contract Cancellation
• Repudiation
• Public Policy
• Costs Award

Han v First National Bank Ltd and Others (14048/2022)

Han v First National Bank Ltd and Others (14048/2022) [2025] ZAGPPHC 435 (7 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

14048/2022

Judge

Swanepoel

The High Court separated one plaintiff’s claim from a consolidated damages action after finding her case sufficiently distinct and burdened by delays.

• Separation Of Trials
• Depositum
• Consumer Protection Act
• Non Liability Clause
• Public Policy
• Separation-of-trials

Torrente and Another v Grant Monaghan and Associates Incorporated (Ammended) (JA 45/23;JA 25/23)

Torrente and Another v Grant Monaghan and Associates Incorporated (Ammended) (JA 45/23;JA 25/23) [2025] ZALAC 5 (29 January 2025)

Court

Labour Appeal Court

Case number

JA 45/23;JA 25/23

Judges

Waglay, Mlambo, Davis

The Court found that the respondent had established a legitimate protectable interest in its relationships with patients, referring doctors, and confidential business information. The appellant's conduct during her employment, including soliciting patients and submitting claims under her new practice, demonstrated a risk of unfair competition and justified the enforcement of the restraint. The Court held that the restraint was reasonable in both duration and geographical scope, as it was limited to one year and a 27-kilometre radius from the respondent's premises. The order struck a fair bala…

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• Restraint Of Trade
• Protectable Interest
• Employment Contract
• Confidential Information
• Public Policy
• Pacta Sunt Servanda

SD Recruitment (Pty) Ltd v Vryburg and Others (20986/2024)

SD Recruitment (Pty) Ltd v Vryburg and Others (20986/2024) [2025] ZAWCHC 34 (29 January 2025)

Court

Western Cape High Court, Cape Town

Case number

20986/2024

Judge

R K Parker

The court found the urgency of the application was self-created due to the applicant's delay in bringing proceedings. The restraint of trade agreement was signed after the respondent's employment had ended, under circumstances raising concerns of economic duress and unequal bargaining power. The applicant failed to demonstrate that the information allegedly protected was truly confidential or that its disclosure posed a real risk to its business. Much of the information, including margins, was found to be in the public domain and accessible through tender processes. The restraint was overly b…

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• Restraint Of Trade
• Confidential Information
• Duress
• Public Policy
• Contract Enforcement

Golden v Quantum Foods Holdings Limited and Others (14827/2024)

Golden v Quantum Foods Holdings Limited and Others (14827/2024) [2024] ZAWCHC 364 (7 November 2024)

Court

Western Cape High Court, Cape Town

Case number

14827/2024

Judge

Davis AJ

The court held that clause 29.3.2.1 of the first respondent's Memorandum of Incorporation, which allowed for the removal of a director by majority of the board without notice, reasons, or an opportunity to make representations, is contrary to public policy and invalid. The Companies Act, particularly sections 71(3) and (4), requires procedural safeguards for the removal of directors, including notice and a reasonable opportunity to respond. The procedure adopted by the respondents breached principles of natural justice and failed to meet constitutional standards of fairness, reasonableness, a…

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• Removal Of Directors
• Memorandum Of Incorporation
• Public Policy
• Oppressive Conduct
• Natural Justice
• Companies Act Section 163

Jones N.O v ABSA Bank Limited (A64/2023)

Jones N.O v ABSA Bank Limited (A64/2023) [2024] ZAWCHC 343 (1 November 2024)

Court

Western Cape High Court, Cape Town

Case number

A64/2023

Judges

P.A.L. Gamble, D.S. Kusevitsky, D.M. Thulare

Appeal about a defective loader finance deal and a disputed settlement was upheld. The court held the buyer could still pursue aedilitian damages against ABSA.

• Aedilitian Remedies
• Latent Defects
• Waiver Of Rights
• Public Policy
• Settlement Agreement
• Contract Interpretation

M.N v B.N - Leave to Appeal (210/2016)

M.N v B.N - Leave to Appeal (210/2016) [2024] ZAFSHC 332 (25 October 2024)

Court

Free State High Court, Bloemfontein

Case number

210/2016

Judge

Van Zyl

The High Court dismissed condonation and leave to appeal because the delay was inadequately explained and the proposed appeal lacked reasonable prospects.

• Leave To Appeal
• Condonation
• Maintenance
• Fraud
• Public Policy
• Leave-to-appeal