South Africa Case Law

Absa v Lezmin 2815 CC (906/2024)

Absa v Lezmin 2815 CC (906/2024) [2025] ZAFSHC 172 (11 June 2025)

Court

Free State High Court, Bloemfontein

Case number

906/2024

Judge

Molitsoane

The court found that the respondent's reliance on res judicata was misplaced, as the previous settlement agreement only resolved the earlier liquidation application and did not preclude the applicant from seeking liquidation in the event of subsequent non-compliance. The respondent admitted its indebtedness in multiple agreements, and its dispute related only to the quantification of the debt, not the existence of the debt itself. The respondent failed to provide credible evidence of liquidity, relying on unaudited financial statements and unsubstantiated claims of future income. The court wa…

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• Final Liquidation
• Commercial Insolvency
• Res Judicata
• Settlement Agreement
• Quantification Of Debt

Standard Bank of South Africa Limited v Zada Tech (Pty) Ltd and Another (2097/2024)

Standard Bank of South Africa Limited v Zada Tech (Pty) Ltd and Another (2097/2024) [2024] ZAFSHC 360 (8 November 2024)

Court

Free State High Court, Bloemfontein

Case number

2097/2024

Judge

Mpama

The High Court granted summary judgment on an instalment sale debt, finding the defendants raised no bona fide defence and rejecting a later NCA argument.

• Summary Judgment
• Instalment Sale Agreement
• Suretyship
• Quantification Of Debt
• Costs Award
• Summary-judgment

Celanubusi (PTY) LTD v Amanzi Ahlo Bile Trading 25 (PTY) LTD t/a Trisch Industries (1715/2022)

Celanubusi (PTY) LTD v Amanzi Ahlo Bile Trading 25 (PTY) LTD t/a Trisch Industries (1715/2022) [2023] ZAFSHC 21 (3 February 2023)

Court

Free State High Court, Bloemfontein

Case number

1715/2022

Judge

Chesiwe

The High Court granted summary judgment for unpaid hire charges, finding the respondent’s defence was a bare denial and not a bona fide defence.

• Summary Judgment
• Contractual Dispute
• Breach Of Contract
• Quantification Of Debt
• Summary-judgment
• Contract-disputes

South African Muncipal Workers Union (SAMWU) obo Mooi v Siyathemba Municipality and Others (C701/2019)

South African Muncipal Workers Union (SAMWU) obo Mooi v Siyathemba Municipality and Others (C701/2019) [2022] ZALCCT 37; (2022) 43 ILJ 2386 (LC) (6 July 2022)

Court

Labour Court Cape Town

Case number

C701/2019

Judge

Lagrange

The court found that the settlement agreement was unenforceable because its key provisions depended on the parties reaching further agreement on the quantum and repayment of debt, with no deadlock breaking mechanism provided. The failure to agree on the debt and repayment terms rendered the agreement uncertain and incapable of enforcement. The court exercised its discretion to decline making the arbitration award an order of court, as doing so would not resolve the underlying dispute or enable execution of the agreement.

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• Settlement Agreement
• Arbitration Award Enforcement
• Agreements To Agree
• Unenforceability
• Reinstatement
• Quantification Of Debt

Metal Industries Provident Fund v TK Office Supplies (Pty) Ltd t/a Tirade Props 1140 CC and Another (4624/2020)

Metal Industries Provident Fund v TK Office Supplies (Pty) Ltd t/a Tirade Props 1140 CC and Another (4624/2020) [2021] ZAFSHC 163 (7 July 2021)

Court

Free State High Court, Bloemfontein

Case number

4624/2020

Judge

NS Daniso

The court held a director personally liable for unpaid pension fund contributions during business rescue, dismissed joinder objections, and ordered payment and schedules.

• Pension Funds Act
• Director Liability
• Business Rescue
• Quantification Of Debt
• Pension-fund-contributions
• Director-liability

Hitachi Construction Machinery Southern Africa Co (Pty) Ltd v Botes and Another (205/2018)

Hitachi Construction Machinery Southern Africa Co (Pty) Ltd v Botes and Another (205/2018) [2019] ZANCHC 7 (15 March 2019)

Court

Northern Cape High Court, Kimberley

Case number

205/2018

Judge

Williams

The High Court held that business rescue did not release sureties from liability under the deed of suretyship and upheld the applicant’s quantified claims.

• Suretyship Liability
• Business Rescue
• Quantification Of Debt
• Companies Act
• Creditor Rights
• Suretyship

Origo International (Pty) Ltd v Smeg South Africa (Pty) Ltd (33541/2017)

Origo International (Pty) Ltd v Smeg South Africa (Pty) Ltd (33541/2017) [2018] ZAGPJHC 412; 2019 (1) SA 267 (GJ) (25 June 2018)

Court

South Gauteng High Court, Johannesburg

Case number

33541/2017

Judge

FHD van Oosten

The High Court considered whether a tender to pay a disputed debt prevented cancellation of a supply agreement. The quantum remained disputed, so no final order was made.

• Contract Cancellation
• Tender Of Payment
• Declaratory Relief
• Interdict
• Quantification Of Debt
• Tender-of-payment

Business Partners Limited v Towers and Another (32325/2017)

Business Partners Limited v Towers and Another (32325/2017) [2018] ZAGPPHC 349 (1 March 2018)

Court

North Gauteng High Court, Pretoria

Case number

32325/2017

Judge

M.L. Senyatsi

The High Court dismissed an application for summary judgment after finding the respondents raised a plausible defence, including alleged variation and uncertainty over the debt quantum.

• Summary Judgment
• Suretyship Liability
• Liquid Document
• Variation Of Contract
• Quantification Of Debt
• Summary-judgment

Absa Technology Finance Solutions Limited v Rocbit Drilling Equipment (Pty) Ltd and Others (13062/16)

Absa Technology Finance Solutions Limited v Rocbit Drilling Equipment (Pty) Ltd and Others (13062/16) [2017] ZAGPJHC 269 (19 September 2017)

Court

South Gauteng High Court, Johannesburg

Case number

13062/16

Judge

Fisher

The court found that ABSA proved the cession of rights under the rental agreement from Itec Finance, supported by documentary evidence and payment. Delivery of the photocopy machine was established by the signed rental agreement and corroborating documents, and the anomaly in the delivery note did not displace the evidence of delivery. The certificate issued by ABSA's manager was valid proof of the principal debt, as the cession entitled ABSA to exercise all rights of Itec Finance, including issuing certificates of indebtedness. The sureties were bound by the certificate clause because the re…

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• Cession Of Contractual Rights
• Suretyship Liability
• Proof By Certificate
• Breach Of Contract
• Quantification Of Debt

Metal Fabricators of Zambia PLC v Universal Cables (Pty) Limited (30426/2008)

Metal Fabricators of Zambia PLC v Universal Cables (Pty) Limited (30426/2008) [2016] ZAGPPHC 193 (18 March 2016)

Court

North Gauteng High Court, Pretoria

Case number

30426/2008

Judge

M J Teffo

The court found that the contract between the parties included a clause making a certificate of indebtedness signed by a manager or director of the plaintiff prima facie proof of the existence and amount of the debt. The plaintiff produced such a certificate, with schedule A annexed, and closed its case without calling witnesses. The defendant led evidence challenging the accuracy and reliability of the certificate and schedule A, but conceded under cross-examination that the issues raised did not affect the correctness of schedule A. The defendant's main challenge was based on a formula for…

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• Contractual Escalation Clause
• Certificate Of Indebtedness
• Quantification Of Debt
• Prima Facie Evidence