South Africa Case Law

Jansen Van Vuuren v Heaven Sent Gold SA (Pty) Ltd and Another (JA 75/23; JA 76/23)

Jansen Van Vuuren v Heaven Sent Gold SA (Pty) Ltd and Another (JA 75/23; JA 76/23) [2025] ZALAC 21; [2025] 6 BLLR 569 (LAC) (17 March 2025)

Court

Labour Appeal Court

Case number

JA75/2023; JA76/2023

Judges

Savage, Sutherland, Davis

The Labour Appeal Court held that only claims directly concerned with the employment contract, such as unpaid remuneration and accrued leave, fall within the Labour Court's jurisdiction under section 77(3) of the BCEA. Claims for independent contractor fees and medical aid contributions, which arose after termination of employment and were not linked to the employment contract, are not justiciable by the Labour Court. The settlement agreements contained both employment-related and non-employment-related claims, and each must be assessed separately for jurisdiction. The Labour Court correctly…

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• Jurisdiction Of Labour Court
• Contract Of Employment
• Settlement Agreement
• Independent Contractor
• Quantum Of Claim
• Section 77 3 Bcea

Williams v Tsakos (34460/2019)

Williams v Tsakos (34460/2019) [2024] ZAGPJHC 771 (19 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

34460/2019

Judge

C Todd

A brother who borrowed R1.1 million from his sister was ordered to repay the outstanding balance with interest and attorney-and-own-client costs.

• Loan Agreement
• Acknowledgement Of Debt
• National Credit Act Exclusion
• Prescription
• Quantum Of Claim
• Loan-agreement

Firmpulse Trading CC and Another v Kleynhans and Another (5115/2023)

Firmpulse Trading CC and Another v Kleynhans and Another (5115/2023) [2024] ZAFSHC 166 (27 May 2024)

Court

Free State High Court, Bloemfontein

Case number

5115/2023

Judge

Opperman J

The court found that the annexure to the particulars of claim, which purported to describe the farm implements sought to be vindicated, was drafted inappropriately, lacked sufficient detail, and was riddled with mistakes. The use of different languages in the pleadings was not fatal, but the vague and generic descriptions rendered it legally impossible for the defendants to respond or for the court to adjudicate the claim. The quantum claimed was unsupported by any indication of how the values were determined. The defects could not be cured at trial, as fair trial principles require both part…

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• Exception Under Rule 23
• Rei Vindicatio
• Pleading Requirements
• Identification Of Property
• Quantum Of Claim

Special Investigating Unit and Another v Superfecta Trading 209 (Pty) Ltd and Others (GP06/2022)

Special Investigating Unit and Another v Superfecta Trading 209 (Pty) Ltd and Others (GP06/2022) [2024] ZAST 3 (3 May 2024)

Court

Special Tribunal

Case number

GP06/2022

Judge

L.T. Modiba

The Special Tribunal granted SIU and Transnet leave to amend their notice of motion to increase monetary relief linked to alleged bribes and secret profits.

• Amendment Of Pleadings
• Quantum Of Claim
• Bribery And Gratification
• Costs Award
• Amendment-of-pleadings
• Motion-proceedings

Smith N.O and Others v Dabula Manzi Farmers (Pty) Ltd (5874/2021)

Smith N.O and Others v Dabula Manzi Farmers (Pty) Ltd (5874/2021) [2023] ZAFSHC 389 (9 October 2023)

Court

Free State High Court, Bloemfontein

Case number

5874/2021

Judge

I Van Rhyn

High Court decision dismissing an exception to amended particulars of claim in an oral loan dispute. The court held the pleading was sufficiently clear and not vague or embarrassing.

• Exception To Pleading
• Oral Loan Agreement
• Vague And Embarrassing
• Breach Of Contract
• Quantum Of Claim
• Exception-to-pleading

Park Village Auctioneers (PTY) Ltd v Forum Exporters International (PTY) Ltd (A5039/21)

Park Village Auctioneers (PTY) Ltd v Forum Exporters International (PTY) Ltd (A5039/21) [2022] ZAGPJHC 556 (26 July 2022)

Court

South Gauteng High Court, Johannesburg

Case number

A5039/21

Judges

Windell, Mudau, Molahlehi

The court upheld an appeal in an oral joint venture dispute, finding Forum proved the agreement but not the amount allegedly due, and granted absolution from the instance.

• Joint Venture Agreement
• Quantum Of Claim
• Absolution From Instance
• Oral Contract
• Burden Of Proof
• Oral-contract

Nketoane Local Municipality v Rudnat Projects CC and Others (2870/2013)

Nketoane Local Municipality v Rudnat Projects CC and Others (2870/2013) [2022] ZAFSHC 93 (9 May 2022)

Court

Free State High Court, Bloemfontein

Case number

2870/2013

Judge

Naidoo

The court found that Rudnat had proven, on a balance of probabilities, that Nketoane's conduct was unequivocally consistent with consensus to contract for services, thereby establishing a tacit agreement. The absence of a written contract or letter of appointment did not preclude liability, as Nketoane continued to engage with and accept services from Rudnat, and made payments after the IRR was accepted. The court applied the correct legal test for tacit contracts as set out in Buffalo City Municipality and Butters v Mncora. Regarding leave to appeal, the court held that the threshold under s…

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• Tacit Contract
• Leave To Appeal
• Implementation Readiness Report
• Onus Of Proof
• Quantum Of Claim

Ridge Line Roofing CC v Devan 01 (Pty) Ltd and Another (37618/2021)

Ridge Line Roofing CC v Devan 01 (Pty) Ltd and Another (37618/2021) [2022] ZAGPPHC 278 (29 April 2022)

Court

North Gauteng High Court, Pretoria

Case number

37618/2021

Judge

N Davis

Summary judgment was granted where the defendants failed to disclose a bona fide defence to the plaintiff’s claim for payment, interest and costs.

• Summary Judgment
• Rule 32
• Suretyship
• Incidental Credit Agreement
• Quantum Of Claim
• Summary-judgment

Merchant West Capital Solutions (Pty) Ltd v SAPPI Southern Africa (Pty) Ltd and Others (12395/2017)

Merchant West Capital Solutions (Pty) Ltd v SAPPI Southern Africa (Pty) Ltd and Others (12395/2017) [2020] ZAGPJHC 50 (17 January 2020)

Court

South Gauteng High Court, Johannesburg

Case number

12395/2017

Judge

Matsemela

The High Court held that the invoice cession was unenforceable against Sappi because written consent required by the SLA was not proved.

• Cession Of Debt
• Non Variation Clause
• Contractual Interpretation
• Shifren Principle
• Quantum Of Claim
• Cession-of-debt

GPC International Logistics CC v Mobile Telephone Networks (Pty) Ltd and Another (35432/2018)

GPC International Logistics CC v Mobile Telephone Networks (Pty) Ltd and Another (35432/2018) [2019] ZAGPPHC 9 (1 February 2019)

Court

North Gauteng High Court, Pretoria

Case number

35432/2018

Judge

A Millar

The court upheld exceptions to particulars of claim for lack of clarity against the second defendant and insufficient particularity of the claimed quantum.

• Exceptions To Pleadings
• Rule 18 Uniform Rules
• Vague And Embarrassing Pleading
• Cause Of Action
• Quantum Of Claim
• Exceptions-to-pleadings