South Africa Case Law

Medtronic (Africa) (Pty) Limited v Capital Endovascular (Pty) Limited and Another (2022/046095)

Medtronic (Africa) (Pty) Limited v Capital Endovascular (Pty) Limited and Another (2022/046095) [2025] ZAGPJHC 745 (5 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/046095

Judge

Adams

The court found that the true intention of the parties, as evidenced by the settlement negotiations and correspondence, was to settle for R48 million plus VAT. The reference to R32 million in words in the written agreement was a typographical error and did not reflect the parties' agreement. The authority of Mr Moodley to conclude the agreement was established by a power of attorney, and any alleged private instructions did not affect his authority as far as the applicant was concerned. The arbitral award was valid and enforceable, and the applicant was entitled to have it made an order of co…

Source excerpt

• Arbitration Act 42 Of 1965
• Enforcement Of Arbitral Award
• Interpretation Of Contracts
• Rectification
• Specific Performance

Gamede v Sani Fleet Management (Pty) Ltd (2021/4135)

Gamede v Sani Fleet Management (Pty) Ltd (2021/4135) [2025] ZAGPJHC 240 (27 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2021/4135

Judge

E F Dippenaar

The court found that the default judgment was erroneously sought and granted against the applicant because the deed of suretyship relied upon was invalid and did not comply with section 6 of the General Law Amendment Act 50 of 1956. The particulars of claim misstated the position reflected in the deed of suretyship, and no rectification was pleaded or obtained. The registrar granted judgment without a legal foundation, constituting a procedural error under Rule 42(1)(a). The applicant was absent as envisaged by the rule, as there was no evidence he was notified that default judgment was being…

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• Rescission Of Judgment
• Suretyship
• Default Judgment
• Rule 42
• General Law Amendment Act
• Rectification

Khosa v Rustenburg Platinum Mines (Pty) Ltd (J970/22)

Khosa v Rustenburg Platinum Mines (Pty) Ltd (J970/22) [2025] ZALCJHB 264 (20 May 2025)

Court

Labour Court Johannesburg

Case number

J970/22

Judge

M T M Phehane

The Labour Court declined to grant default judgment and ordered the applicant to file a missing annexure and proof of service, failing which the claim would be struck out.

• Mutual Separation Agreement
• Rectification
• Default Judgment
• Service Affidavit
• Default-judgment
• Service-of-process

Wesbank a division of Firstrand Bank Limited v Blackatunity Proprietary Limited and Another (2024/004956)

Wesbank a division of Firstrand Bank Limited v Blackatunity Proprietary Limited and Another (2024/004956) [2025] ZAGPJHC 673 (5 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/004956

Judge

Pearse AJ

The court found that the respondents' defence regarding the proper interpretation of the cancellation clause in the instalment sale agreement raised a bona fide triable issue. Specifically, the respondents' argument that the applicant was contractually obliged to give notice of breach before cancellation, and that the agreement's clause 11.1 could reasonably be interpreted as requiring a two-step process, was not without substance and could succeed at trial. The court held that it was undesirable to terminate the litigation at the summary judgment stage when such a defence existed. The court…

Source excerpt

• Instalment Sale Agreement
• Rectification
• Summary Judgment
• Contractual Cancellation
• National Credit Act Compliance

Tracetec (Pty) Ltd v Business Equipment Asset Finance (Pty) Ltd (3449/2022)

Tracetec (Pty) Ltd v Business Equipment Asset Finance (Pty) Ltd (3449/2022) [2025] ZAWCHC 181 (29 April 2025)

Court

Western Cape High Court, Cape Town

Case number

3449/2022

Judge

Lekhuleleni

The High Court dismissed a bid to amend pleadings to add fraud and rectification claims, holding the plaintiff was bound by an earlier election to uphold the contracts.

• Amendment Of Pleadings
• Doctrine Of Election
• Fraudulent Misrepresentation
• Unjust Enrichment
• Breach Of Contract
• Amendment-of-pleadings

Evorail (Pty) Ltd v Taylor and Another (2023/060147)

Evorail (Pty) Ltd v Taylor and Another (2023/060147) [2025] ZAGPJHC 14 (15 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/060147

Judge

A Friedman

Summary judgment was refused where the email said to acknowledge debt was too unclear to prove authority or an unequivocal admission on the papers.

• Summary Judgment
• Suretyship
• Oral Agreement
• Acknowledgement Of Debt
• Rectification
• Prescription

Noortman v Road Accident Fund (A40/2023)

Noortman v Road Accident Fund (A40/2023) [2024] ZAMPMBHC 76 (28 October 2024)

Court

Mbombela High Court, Mpumalanga

Case number

A40/2023

Judges

Mazibuko, Langa, Vukeya

The High Court upheld an appeal against refusal to correct RAF identity details, finding the court a quo went beyond the papers and made unsupported fraud findings.

• Rectification Of Identity Details
• Road Accident Fund Claims
• Exercise Of Judicial Discretion
• Procedural Fairness
• Road-accident-fund-claims
• Rectification

Azrapart (Pty) Limited v Huseyin (Pty) Ltd and Another (2022/5357)

Azrapart (Pty) Limited v Huseyin (Pty) Ltd and Another (2022/5357) [2024] ZAGPJHC 874 (9 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/5357

Judge

GD Wickins

Summary judgment was granted in a commercial lease dispute. The court rejected rectification and public-policy defences, but treated some post-vacation consumption charges as not liquid.

• Summary Judgment
• Lease Agreement
• Rectification
• Contra Bonis Mores
• Liquidated Claim
• Remission Of Rental

Mtech SA (Pty) Ltd v Afoodable (Pty) Ltd and Others (22702/2023)

Mtech SA (Pty) Ltd v Afoodable (Pty) Ltd and Others (22702/2023) [2024] ZAWCHC 237 (4 September 2024)

Court

Western Cape High Court, Cape Town

Case number

22702/2023

Judge

Wille

The High Court refused summary judgment in a dispute over a settlement agreement for returned packaging materials, finding the respondents raised genuine triable defences.

• Summary Judgment
• Contract Formation
• Rectification
• Settlement Agreement
• Bona Fide Defence
• Summary-judgment

Mining and Energy Acuity (Pty) Ltd and Another v Denel SOC Ltd t/a Denel Industrial Properties (2024/055504)

Mining and Energy Acuity (Pty) Ltd and Another v Denel SOC Ltd t/a Denel Industrial Properties (2024/055504) [2024] ZAGPJHC 589 (7 June 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/055504

Judge

Maenetje

The High Court held that a signed Offer to Lease created a binding lease and granted declaratory relief on an urgent basis, with costs against Denel.

• Lease Agreement
• Declaratory Relief
• Urgent Application
• Rectification
• Contractual Binding Effect
• Lease-agreement