South Africa Case Law

Transnet SOC Limited v Gijima Holdings (Pty) Kimited (075722-2025)

Transnet SOC Limited v Gijima Holdings (Pty) Kimited (075722-2025) [2025] ZAGPPHC 690 (30 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

075722-2025

Judge

Minnaar

The court finds that the matter is not suitable for final determination on the papers due to extensive disputes of fact regarding the parties' respective obligations under the Master Services Agreement, the feasibility of disengagement, and the technical capacity of the applicant. The respondent's request for referral to oral evidence is justified. The application is postponed and referred for oral evidence to resolve the identified issues, including the applicability of the exceptio non adimpleti contractus and whether annexure FA12 constitutes an agreement. Costs are reserved pending the ou…

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• Specific Performance
• Contractual Interpretation
• Reciprocal Obligations
• Exceptio Non Adimpleti Contractus
• Urgent Interdict
• Discovery Procedure

Sumeil (Pty) Ltd v Coogal Finance (Pty) Ltd (In Liquidation) and Others (1140/2023)

Sumeil (Pty) Ltd v Coogal Finance (Pty) Ltd (In Liquidation) and Others (1140/2023) [2025] ZASCA 27 (28 March 2025)

Court

Supreme Court of Appeal

Case number

1140/2023

Judges

Zondi AP, Koen JA, Coppin JA, Phatshoane AJJA, Bloem AJJA

The Supreme Court of Appeal held that set-off could only operate in respect of mutual debts that existed and were due at the deemed date of liquidation. Sumeil admitted owing Coogal R185 000 on that date, but the evidence showed Coogal owed Sumeil a greater amount, resulting in set-off extinguishing Sumeil's liability for that sum. The balloon payments under the master rental agreements were not yet due at the deemed date of liquidation and thus could not be set off. Furthermore, Coogal and its liquidator failed to make out a case for payment of the balloon amounts, as they did not tender rec…

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• Set Off
• Executory Contracts
• Reciprocal Obligations
• Liquidation Proceedings
• Plascon Evans Rule

New Salt Rock City (Pty) Ltd and Others v Kilken Platinum (Pty) Ltd and Others (2022-018387)

New Salt Rock City (Pty) Ltd and Others v Kilken Platinum (Pty) Ltd and Others (2022-018387) [2025] ZAGPPHC 317 (27 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

2022-018387

Judge

BAM

The High Court granted leave to appeal over a dispute about a settlement agreement, including a Rouwkoop clause, pending-litigation wording, and alleged reciprocal breaches.

• Leave To Appeal
• Settlement Agreement
• Rouwkoop Clause
• Reciprocal Obligations
• Contract Interpretation
• Leave-to-appeal

Idwala Industrial Holdings Proprietary Limited v JB Lime Distributions Proprietary (3369/2024)

Idwala Industrial Holdings Proprietary Limited v JB Lime Distributions Proprietary (3369/2024) [2025] ZAFSHC 76 (11 March 2025)

Court

Free State High Court, Bloemfontein

Case number

3369/2024

Judge

De Kock AJ

The High Court refused summary judgment after finding the defendant had raised bona fide defences about product quality, reciprocal obligations, and alleged stock shortages.

• Summary Judgment
• Consignment Agreement
• Acknowledgment Of Debt
• Reciprocal Obligations
• Liquidated Claim
• Tacit Terms

Bright Light Solar PTA1 (Pty) Ltd and Others v Village Mall Investments (Pty) Ltd and Others (2024/140583)

Bright Light Solar PTA1 (Pty) Ltd and Others v Village Mall Investments (Pty) Ltd and Others (2024/140583) [2024] ZAGPJHC 1295 (19 December 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/140583

Judge

PG Louw

High Court reconsideration set aside an ex parte interdict because the applicants failed to disclose material facts, including prior debt and liquidity concerns.

• Ex Parte Interdict
• Abuse Of Process
• Material Non Disclosure
• Urgent Application
• Liquidation Proceedings
• Reciprocal Obligations

Manyashe v Africas Best 359 Limited (J1006/20)

Manyashe v Africas Best 359 Limited (J1006/20) [2024] ZALCJHB 403 (14 October 2024)

Court

Labour Court Johannesburg

Case number

J1006/20

Judge

B M Sono

The central factual dispute—whether the applicant tendered his services on 1 April 2016 as required by the reinstatement award—cannot be resolved on the papers due to divergent versions and lack of detail in the applicant's account. The court finds that this dispute is genuine and material to the applicant's entitlement to prospective salary. Applying the principles from Plascon-Evans and subsequent case law, the matter is best resolved by referral to oral evidence on the narrow issue of tender of services. The court declines to dismiss the application on the papers and instead orders that th…

Source excerpt

• Basic Conditions Of Employment Act
• Reinstatement
• Reciprocal Obligations
• Motion Proceedings
• Specific Performance

Mine Guniting CC v Reka Trade 1075 CC (3651/2022)

Mine Guniting CC v Reka Trade 1075 CC (3651/2022) [2024] ZAMPMHC 33 (30 May 2024)

Court

Middelburg High Court, Mpumalanga

Case number

3651/2022

Judge

MBG Langa

The court found that the Applicant had complied with the statutory requirements for winding up under Section 69(1)(a) of the Close Corporation Act. The Respondent did not dispute its indebtedness, only the calculation of the amount, and failed to tender payment or security for the undisputed portion. The Respondent's challenge to the authority of the Applicant's attorneys was dismissed for procedural non-compliance. The National Credit Act was held not to apply, as the agreement was between juristic persons and the Respondent's turnover exceeded the threshold. The Respondent's allegations of…

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• Close Corporation Winding Up
• Statutory Demand
• Reciprocal Obligations
• Applicability Of National Credit Act

New Salt Rock City (Pty) Ltd and Others v Kilken Platinum (Pty) Ltd and Others (2022-018387)

New Salt Rock City (Pty) Ltd and Others v Kilken Platinum (Pty) Ltd and Others (2022-018387) [2024] ZAGPPHC 494 (28 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

2022-018387

Judge

Bam

The applicants' claim for delivery and transfer of a helicopter and shares under the settlement agreement fails on three grounds. First, the parties' obligations were reciprocal, and the applicants breached their obligation to cease litigation, entitling the respondents to withhold performance. Second, the applicants elected to cancel the agreement, and such election is binding, precluding enforcement of its terms. Third, cancellation of the settlement agreement extinguished all obligations arising from it, making enforcement impossible. The applicants' attempt to introduce new matters in rep…

Source excerpt

• Contract Cancellation
• Reciprocal Obligations
• Exceptio Non Adimpleti Contractus
• Waiver
• Motion Proceedings
• Settlement Agreement Enforcement

Aon South Africa (Pty) Ltd v Smith and Others (J298/24)

Aon South Africa (Pty) Ltd v Smith and Others (J298/24) [2024] ZALCJHB 200 (8 May 2024)

Court

Labour Court Johannesburg

Case number

J298/24

Judge

M Makhura

The Labour Court dismissed Aon’s urgent bid to enforce a restraint of trade, holding that Smith’s unpaid bonus gave rise to exceptio non adimpleti contractus.

• Restraint Of Trade
• Exceptio Non Adimpleti Contractus
• Reciprocal Obligations
• Bonus Entitlement
• Contractual Claims
• Restraint-of-trade

Pinnacle Micro (Proprietay) Limited v Manthata (57571/2021)

Pinnacle Micro (Proprietay) Limited v Manthata (57571/2021) [2024] ZAGPJHC 453 (3 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

57571/2021

Judge

Twala M L

The High Court held a surety liable for a R5 million loan, finding no contractual link between the loan and a separate supply agreement.

• Suretyship
• Loan Agreement
• Contractual Interpretation
• Pacta Sunt Servanda
• Reciprocal Obligations
• Loan-agreement