South Africa Case Law

Bhijal Properties (Pty) Ltd and Another v Tongaat Paper Company (Pty) Ltd and Others (D12267/2024)

Bhijal Properties (Pty) Ltd and Another v Tongaat Paper Company (Pty) Ltd and Others (D12267/2024) [2025] ZAKZDHC 47 (31 July 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D12267/2024

Judge

Sibiya

The High Court upheld points in limine on urgency and lis alibi pendens, staying the application pending consolidated proceedings about the property and agreements.

• Lis Alibi Pendens
• Urgency
• Enforceability Of Contract
• Rectification Of Agreement
• Costs Award
• Lis-alibi-pendens

Solidarity and Another v Jagersfontein Combined School and Others (JS1692/2022)

Solidarity and Another v Jagersfontein Combined School and Others (JS1692/2022) [2024] ZALCJHB 477 (25 November 2024)

Court

Labour Court Johannesburg

Case number

JS1692/2022

Judge

Prinsloo

The Court found that although the settlement agreement was in writing and concluded in settlement of a dispute referred to the Labour Court, it was not unambiguous or unequivocal. There was a material dispute regarding the amount due to Ms van Pletsen and the Respondents' obligation to pay the full amount stated in the agreement. The Respondents had filed a counterclaim seeking rectification or voiding of the agreement on grounds of mistake. The existence of this dispute meant the settlement agreement could not be made an order of court under section 158(1)(c) of the LRA. The Applicants faile…

Source excerpt

• Section 158 1 C Application
• Settlement Agreement Enforcement
• Remuneration Dispute
• Rectification Of Agreement

Roberts N.O and Others v Nutri Chef (Pty) Ltd and Another (2705/2023)

Roberts N.O and Others v Nutri Chef (Pty) Ltd and Another (2705/2023) [2024] ZAFSHC 1 (2 January 2024)

Court

Free State High Court, Bloemfontein

Case number

2705/2023

Judge

C Reinders

The court dismissed an application by trustees seeking company documents, finding a factual dispute over whether the trust still held shares in the company could not be resolved on the papers.

• Shareholder Rights
• Access To Company Documents
• Dispute Of Fact
• Rectification Of Agreement
• Shareholder-rights
• Access-to-company-documents

Superdrive Investments Limited (RF) v Adams (761/2018)

Superdrive Investments Limited (RF) v Adams (761/2018) [2023] ZAWCHC 171 (21 July 2023)

Court

Western Cape High Court, Cape Town

Case number

761/2018

Judge

Ralarala N E

The High Court refused amendment of particulars after a settlement order and ordered the applicant to pay costs for the amendment and withdrawn applications.

• Amendment Of Pleadings
• Settlement Order
• Costs Award
• Rectification Of Agreement
• National Credit Act
• Withdrawal Of Application

National Union of Metalworkers of South Africa v Transnet (SOC) Limited and Others (J3319/17)

National Union of Metalworkers of South Africa v Transnet (SOC) Limited and Others (J3319/17) [2019] ZALCJHB 331; [2020] 3 BLLR 327 (LC); (2020) 41 ILJ 1977 (LC) (29 November 2019)

Court

Labour Court Johannesburg

Case number

J3319/17

Judge

Tlhotlhalemaje

The court found that, despite the initial agency shop agreement referencing 'bargaining unit' instead of 'workplace', the objective facts demonstrated that SATAWU and UNTU represented the majority of employees in both the bargaining unit and the workplace. The error in terminology did not result in substantive non-compliance with section 25 of the Labour Relations Act. The subsequent amendment to the agreement clarified the wording but did not admit invalidity, as the statutory requirements were met in substance. The court distinguished the facts from Greathead, noting that the error was not…

Source excerpt

• Agency Shop Agreement
• Collective Bargaining
• Statutory Compliance
• Rectification Of Agreement
• Union Representativity

National Employers Association of South Africa and Others v Minister of Labour and Others (JS 860/13)

National Employers Association of South Africa and Others v Minister of Labour and Others (JS 860/13) [2015] ZALCJHB 121; JS 860/13 (13 April 2015)

Court

Labour Court Johannesburg

Case number

JS 860/13

Judge

CE Watt-Pringle

The Labour Court dismissed leave to appeal against a review setting aside the Minister’s extension of a collective agreement to non-parties under the LRA.

• Extension Of Collective Agreements
• Section 32 Lra
• Rectification Of Agreement
• Ultra Vires
• Condonation
• Costs Orders

Combrick N.O and Another v Plooy N.O and Others (59864/2012)

Combrick N.O and Another v Plooy N.O and Others (59864/2012) [2014] ZAGPPHC 285 (14 May 2014)

Court

North Gauteng High Court, Pretoria

Case number

59864/2012

Judge

S.A.M Baqwa

The court found that the Combrinck Trust lacked the capacity to act because it did not have the minimum number of trustees required by its trust deed. The applicants failed to appoint a third trustee after the liquidation of Jean Multi Management (Pty) Ltd, resulting in only two trustees remaining. This omission constituted a breach of the trust deed and rendered any actions taken by the applicants on behalf of the trust invalid. The trust was not properly before the court, and the application was a nullity. Consequently, there was no need to consider joinder of further parties, as the action…

Source excerpt

• Trustee Capacity
• Locus Standi
• Joinder Of Parties
• Rectification Of Agreement

Hi-Line Investments (Pty) Ltd v Lamprecht and Others (364/2013)

Hi-Line Investments (Pty) Ltd v Lamprecht and Others (364/2013) [2014] ZAECPEHC 13 (13 March 2014)

Court

Eastern Cape High Court, Port Elizabeth

Case number

364/2013

Judge

J.E Smith

The court held that the third defendant must pay the wasted costs of a trial postponement, but only on the party and party scale, not attorney and client.

• Wasted Costs
• Postponement
• Attorney And Client Scale
• Party And Party Scale
• Rectification Of Agreement
• Wasted-costs