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South Africa decisions
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MSG Marketing (Pty) Ltd v Firstrand National Bank (A2024/038898) [2025] ZAGPJHC 547 (9 June 2025)
The High Court held that FNB could retain MSG’s funds for 540 days after termination to cover potential Visa chargebacks and dismissed the appeal with costs.
Gerntholtz and Others v Pieterse N.O and Others (3958/2023) [2025] ZAWCHC 51 (18 February 2025)
The High Court held a testamentary bequest to Boerelegioen-related entities void for vagueness and contrary to public policy, and ordered intestate succession.
Technologies Acceptance Receivable (Pty) Limited and Another v Pieter Toerien Productions CC t/a Theatre on the Bay and Others (4086/2020) [2024] ZAWCHC 431 (18 December 2024)
The court found that the handwritten amendment to the Master Rental Agreement (MRA) was ineffective because it was not signed by both parties as required by the non-variation clause. The contract remained in its unamended form, and the plaintiffs could not claim the higher rental amount. The cession agreements validly transferred rights, but the warranties and indemnities covered only the contract as it existed, not the purported amendment. Public policy did not justify disregarding the non-variation clause, as no evidence was presented of circumstances warranting such intervention. The count…
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Technologies Acceptances Receivable (Pty) Ltd and Another v Pieter Toerien Productions CC t/a Theatre on the Bay and Others (4086/2020) [2024] ZAWCHC 269; [2025] 1 All SA 775 (WCC) (18 September 2024)
The High Court held that an unsigned handwritten amendment to a rental agreement was ineffective, rejected public policy and fraud arguments, and dismissed all claims.
Timbela Trading Close Corporation v Anglo American Platinum Limited and Another (21/23506) [2024] ZAGPJHC 865 (9 September 2024)
The court found that the written contract between the parties contained a binding arbitration clause covering all disputes arising out of or in connection with the agreement. The plaintiff failed to plead or prove any sufficient reason to avoid the consequences of the arbitration clause, did not act in terms of section 3(2) of the Arbitration Act, and did not lead evidence to support its opposition. The constitutional and public policy arguments advanced by the plaintiff were not supported by the facts or law and did not justify refusing a stay. The court held that the defendants were entitle…
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Kapci Coatings S.A.E v Kapci Coatings SA CC and Another (042768/2023) [2024] ZAGPJHC 450 (2 May 2024)
The court found that the second respondent, although initially signing the distribution agreement in a representative capacity, subsequently signed an acknowledgement and debt account in his personal capacity, thereby binding himself to the terms of the agreement and its arbitration clause. The arbitral tribunal in Egypt had jurisdiction over both respondents, and the award was final and binding. The applicant complied with all statutory requirements for enforcement under the International Arbitration Act, and the respondent failed to demonstrate any exceptional circumstances or statutory gro…
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Nkwe Platinum Limited v Genorah Resources (Pty) Ltd and Others (30712/2023) [2023] ZAGPPHC 1868 (27 October 2023)
The High Court refused to enforce a Bermudan interdict against a South African company, holding that Bermuda lacked jurisdiction and enforcement would offend public policy.
GFE MIR Alloys and Minerals SA (Pty) Ltd v Momoco International Limited (55273/2021) [2023] ZAGPJHC 946 (24 August 2023)
The court held that GFE MIR Alloys and Minerals SA (Pty) Ltd failed to demonstrate any reasonable prospect of success on appeal or any compelling reason for leave to appeal. The public policy defence raised by GFE was found to be irrelevant, as the arbitral tribunal and the court had already considered and rejected the tax evasion argument. The onus to prove that enforcement would be contrary to public policy rests with the party resisting enforcement, not the party seeking it. The requirements of section 18(3) of the Superior Courts Act were satisfied, as Momoco had shown exceptional circums…
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Shoprite Checkers (Pty) Ltd v Kgatle and Another (4996 / 2023) [2023] ZAWCHC 159; (2023) 44 ILJ 2564 (WCC) (4 July 2023)
The court enforced a restraint of trade and confidentiality undertaking against a former employee who moved to a direct competitor after promotion.
Momoco International Limited v GFE-MIR Alloys and Minerals SA (Pty) Ltd (55273/2021) [2023] ZAGPJHC 764 (2 June 2023)
The court found that there was no illegality in the underlying agreements or the arbitral award. The respondent's allegations of tax evasion and reliance on POCA were unsupported by evidence and irrelevant to the enforceability of the award. Public policy in South Africa requires that freely undertaken contractual obligations be honoured, and the refusal to pay for goods delivered is itself contrary to public policy. The court emphasised the principle of party autonomy and the finality of arbitral awards, noting that any alleged contraventions of foreign law are for the relevant authorities t…
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