South Africa Case Law

Standard Bank of South Africa Ltd v Ramodibedi and Another (2024/029976)

Standard Bank of South Africa Ltd v Ramodibedi and Another (2024/029976) [2025] ZAGPJHC 641 (27 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/029976

Judge

EF Dippenaar

The court found that the respondents' obligations under the guarantee and settlement agreement are independent and joint and several with those of Mr Dikhuba. The existence of a judgment against Mr Dikhuba does not release the respondents from liability, nor does it result in double recovery, as payment by any party absolves the others to the extent of payment. The settlement agreement did not novate the guarantee, and no apportionment of liability was agreed. The respondents failed to establish any factual or legal basis for their public policy defence, and their interpretation of the agreem…

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• Guarantee Liability
• Joint And Several Liability
• Settlement Agreement Enforcement
• Public Policy Contracts
• Pacta Sunt Servanda

Charalambos Commercial Properties CC v Transkei Furnishers (Pty) Ltd and Others (2521/2022)

Charalambos Commercial Properties CC v Transkei Furnishers (Pty) Ltd and Others (2521/2022) [2025] ZAECMKHC 46 (29 April 2025)

Court

Eastern Cape High Court, Makhanda

Case number

2521/2022

Judge

J M Roberson

The court found that the applicant validly exercised its option to purchase the property under the notarial lease. The retrospective reinstatement of the first respondent validated the resolution authorising Mrs Vakalisa to conclude the lease. Mrs Vakalisa, as representative of the sole shareholder and director, had authority to bind the company, and the principle of unanimous consent applied. The disposal of the sole asset was properly approved. The applicant acted in good faith and was entitled to rely on the Turquand rule and section 20(7) of the Companies Act. Allegations of manipulation,…

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• Company Director Authority
• Option To Purchase
• Unanimous Shareholder Consent
• Turquand Rule
• Public Policy Contracts
• Mortgage Of Leasehold

Simah Risk Advisors (Pty) Ltd v Van Niekerk and Others (Reasons) (15110/24)

Simah Risk Advisors (Pty) Ltd v Van Niekerk and Others (Reasons) (15110/24) [2024] ZAWCHC 369 (14 November 2024)

Court

Western Cape High Court, Cape Town

Case number

15110/24

Judge

E. D. Wille

High Court reasons confirming enforcement of restraint of trade and confidentiality undertakings, with an interdict against a competitor and related costs orders.

• Restraint Of Trade
• Confidential Information
• Final Interdict
• Urgent Interdict
• Enforceability Of Contract
• Public Policy Contracts

Nkqeto v Road Accident Fund (2021/38604)

Nkqeto v Road Accident Fund (2021/38604) [2024] ZAGPJHC 576 (6 June 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2021/38604

Judge

M Nowitz

The court granted condonation but dismissed leave to appeal, holding that a settlement agreement remained binding despite the claimant’s death before the order was made.

• Settlement Agreement Enforcement
• Future Loss Of Earnings
• Condonation Application
• Public Policy Contracts
• Settlement-agreement-enforcement
• Future-loss-of-earnings

68 Wolmarans Street Johannesburg (Pty) Ltd and Others v Tufh Limited (1263/2022)

68 Wolmarans Street Johannesburg (Pty) Ltd and Others v Tufh Limited (1263/2022) [2024] ZASCA 48 (15 April 2024)

Court

Supreme Court of Appeal

Case number

1263/2022

Judges

Gorven, Weiner, Kgoele, Baartman, Seegobin

The SCA refused special leave to appeal, holding that enforcement of a loan acceleration clause for non-payment of municipal charges was not contrary to public policy.

• Loan Agreement Enforcement
• Acceleration Clause
• Municipal Service Charges
• Mortgage Bond Foreclosure
• Public Policy Contracts
• Loan-agreement-enforcement

Bastincept (Pty) Ltd t/a Basti Security Services v JCB Gearvest (Pty) Ltd and Another (20243/2022)

Bastincept (Pty) Ltd t/a Basti Security Services v JCB Gearvest (Pty) Ltd and Another (20243/2022) [2022] ZAGPPHC 870 (15 November 2022)

Court

North Gauteng High Court, Pretoria

Case number

20243/2022

Judge

P N Manamela

High Court granted specific performance after finding a security-services termination unlawful and in breach of contract.

• Specific Performance
• Breach Of Contract
• Contractual Interpretation
• Repudiation
• Remedies For Breach
• Public Policy Contracts

H.P.V.N v M.V.N (68955/18)

H.P.V.N v M.V.N (68955/18) [2021] ZAGPPHC 121 (12 February 2021)

Court

North Gauteng High Court, Pretoria

Case number

68955/18

Judge

Collis

The High Court upheld an exception in divorce proceedings, finding the plaintiff had not pleaded compliance with section 21 of the Matrimonial Property Act or the land-sale requirements.

• Matrimonial Property Regime
• Exception To Pleadings
• Alienation Of Land Act
• Change Of Marital Property System
• Public Policy Contracts
• Divorce

Caratco (Pty) Ltd v Independent Advisory (Pty) Ltd (982/18)

Caratco (Pty) Ltd v Independent Advisory (Pty) Ltd (982/18) [2020] ZASCA 17; 2020 (5) SA 35 (SCA) (25 March 2020)

Court

Supreme Court of Appeal

Case number

982/18

Judges

Cachalia, Wallis, Nicholls, Dlodlo, Koen

The SCA dismissed Caratco’s leave to appeal in a dispute over a business rescue practitioner’s success fee paid by a creditor.

• Business Rescue Practitioner Remuneration
• Companies Act Section 143
• Public Policy Contracts
• Fiduciary Duties
• Illegality Of Contracts
• Business-rescue

Narainsamy and Others v Nel and Another (15281/2014)

Narainsamy and Others v Nel and Another (15281/2014) [2020] ZAKZPHC 5 (28 February 2020)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

15281/2014

Judge

Bezuidenhout AJ

The court found that the conditions precedent in the May 2018 order, specifically the issuance of a SARS tax clearance certificate, were not met, and thus Nel did not acquire any enforceable right to demand transfer or occupation of the property. The subsequent sale and transfer to Soni were valid, as Soni was a bona fide purchaser who paid all amounts due and obtained transfer in accordance with the abstract theory of transfer. The allegations of fraud were not sufficiently proven and were not ventilated in oral evidence, making it inappropriate to set aside the transfer on that basis. The c…

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• Transfer Of Immovable Property
• Specific Performance
• Bona Fide Purchaser
• Court Order Compliance
• Fraud In Property Transactions
• Public Policy Contracts

RFC Development (Pty) Ltd v Omeida Trading 420 CC t/a Caffe Rossini The Core and Others (A5012/2018)

RFC Development (Pty) Ltd v Omeida Trading 420 CC t/a Caffe Rossini The Core and Others (A5012/2018) [2019] ZAGPJHC 459 (18 October 2019)

Court

South Gauteng High Court, Johannesburg

Case number

A5012/2018

Judges

EF Dippenaar, C Lamont, L Adams

The appeal succeeded because the admitted facts established the existence and terms of the lease agreement, the period of occupation, and the failure of the first respondent to pay the agreed rentals. The respondents did not provide evidence to challenge the quantum of the claim or the payments made. The certificate relied upon by the appellant was not a certificate as envisaged by the suretyship, but the quantum could be calculated mathematically from the admitted facts. The court a quo materially misdirected itself in granting absolution from the instance. The cross appeal failed as the lea…

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• Commercial Lease
• Quantification Of Claim
• Suretyship Certificate
• Public Policy Contracts
• Unconscionability
• Costs Award