South Africa Case Law

Hutchinson v Global Business Administrators (Pty) Ltd and Another (2025/112376)

Hutchinson v Global Business Administrators (Pty) Ltd and Another (2025/112376) [2025] ZALCJHB 321 (24 July 2025)

Court

Labour Court Johannesburg

Case number

2025/112376

Judge

M Makhura

The applicant failed to prove that he was an employee of the first respondent after December 2023. He did not plead or substantiate the existence or terms of any employment contract, nor did he provide evidence of salary payments or employment after December 2023. The respondents' evidence, including invoices from Trinity Equity Holdings (Pty) Ltd for services rendered, established that the relationship was one of service provision, not employment. The applicant's reliance on an old payslip and his denial of the invoices were insufficient to establish an employment relationship. As a result,…

Source excerpt

• Jurisdiction Of Labour Court
• Contract Of Employment
• Repudiation Of Contract
• Urgent Application Abuse

Mothotoana v Johannesburg Social Housing Co (SOC) Ltd and Others (2025/082814)

Mothotoana v Johannesburg Social Housing Co (SOC) Ltd and Others (2025/082814) [2025] ZALCJHB 246 (24 June 2025)

Court

Labour Court Johannesburg

Case number

2025/082814

Judge

RN Daniels

The Labour Court dismissed an urgent BCEA application for specific performance after finding the employee repudiated his contract by not reporting for duty for three months.

• Employment Contract Replical Obligations
• Repudiation Of Contract
• Specific Performance
• Urgent Interdict
• Costs Award
• Employment-contract

Mahmood v Sohawon and Another (939/2023)

Mahmood v Sohawon and Another (939/2023) [2025] ZAMPMHC 24 (10 April 2025)

Court

Middelburg High Court, Mpumalanga

Case number

939/2023

Judge

MBG Langa

The High Court ordered specific performance of a property sale after finding the sellers’ cancellation invalid and treating their conduct as repudiation.

• Specific Performance
• Repudiation Of Contract
• Lex Commissoria
• Sale Of Immovable Property
• Contract Interpretation
• Specific-performance

Redpath Africa Limited v Siyakhula Sonke Empowerment Corporation Proprietary Limited and Others (2021/55896)

Redpath Africa Limited v Siyakhula Sonke Empowerment Corporation Proprietary Limited and Others (2021/55896) [2025] ZAGPJHC 620 (20 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2021/55896

Judge

Senyatsi

The High Court found that SSC repudiated the shareholders agreement and that Redpath was entitled to cancel it after non-payment and stakeholder letters.

• Repudiation Of Contract
• Shareholders Agreement
• Specific Performance
• Breach Of Contract
• Declaratory Relief
• Repudiation-of-contract

Marang Inc (Pty) Ltd v Member of the Executive Council (MEC) for the North West Department of Tourism and Another (1330/2017)

Marang Inc (Pty) Ltd v Member of the Executive Council (MEC) for the North West Department of Tourism and Another (1330/2017) [2024] ZANWHC 271 (21 October 2024)

Court

North West High Court, Mafikeng

Case number

1330/2017

Judge

Mfenyana

The court found that the agreement between the plaintiff and the defendants was subject to a suspensive condition: payment of the management fee and other amounts was contingent upon the defendants receiving the mandatory grant from CATHSSETA. The plaintiff failed to prove that the mandatory grant was received, and thus no obligation to pay arose. The court rejected the plaintiff's argument that deferment of payment was not a suspensive condition, holding that the contract's terms clearly suspended payment until the grant was received. The special plea regarding service of notice under the In…

Source excerpt

• Suspensive Condition
• Specific Performance
• Repudiation Of Contract
• Institution Of Legal Proceedings Act
• Damages Quantification

African Zaibatsu Corporation Ltd and Another v Industrial Development Corporation of South Africa Ltd (2021/8337)

African Zaibatsu Corporation Ltd and Another v Industrial Development Corporation of South Africa Ltd (2021/8337) [2024] ZAGPJHC 1012; [2024] 4 All SA 739 (GJ) (7 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2021/8337

Judge

Siwendu

The Court found that the IDC did not repudiate the loan agreement. The plaintiffs consented to the review and valuation process, and the IDC's conduct in delaying registration of the SNB and communicating a reduced valuation was commercially reasonable and consistent with the terms of the loan agreement, which allowed for review in the event of a material adverse event. The cancellation of the sale agreement by Jasco occurred before the IDC communicated its revised valuation, and the plaintiffs failed to prove that the IDC's conduct was the cause of the cancellation. The damages claimed were…

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• Repudiation Of Contract
• Loan Agreement
• Damages Quantification
• Material Adverse Event
• Competition Approval
• Delictual Liability

Bredenkamp and Another v Bredenkamp and Others (053472/2023)

Bredenkamp and Another v Bredenkamp and Others (053472/2023) [2024] ZAGPPHC 866 (30 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

053472/2023

Judge

Holland-Muter

The court found that the main objective of the mediation agreement was the subdivision of the farm into three portions to secure Karel's tenure and residence. The subsequent proposals for further subdivision did not alter the portions to be transferred to Karel, nor did they affect his rights or impose additional obligations. The court held that Gordon's conduct did not amount to repudiation, as there was no clear and unequivocal intention not to be bound by the agreement. Any breach by Gordon was not material and did not justify rescission by Karel. Furthermore, Karel did not provide clear a…

Source excerpt

• Specific Performance
• Repudiation Of Contract
• Mediation Agreement
• Subdivision Of Agricultural Land
• Costs Order

Mlisa v South African National Space Agency and Another (2023/32341)

Mlisa v South African National Space Agency and Another (2023/32341) [2024] ZAGPPHC 824 (1 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023/32341

Judge

S J R Mogagabe

The High Court held that SANSA repudiated Mlisa’s fixed-term employment contract, but dismissed her damages claim because she failed to prove the quantum.

• Repudiation Of Contract
• Fixed Term Employment
• Specific Performance
• Assessment Of Contractual Damages
• Statutory Interpretation Sansa Act
• Repudiation-of-contract

Infinite Blue Trading 29 cc t-a Motau Projects v Johannesburg Roads Agency Soc Limited (2024-004605)

Infinite Blue Trading 29 cc t-a Motau Projects v Johannesburg Roads Agency Soc Limited (2024-004605) [2024] ZAGPJHC 417 (25 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024-004605

Judge

Aucamp S

The High Court held that JRA’s refusal to issue further orders under a service contract was a repudiation, and that audit findings alone did not justify termination.

• Repudiation Of Contract
• Public Procurement
• State Organs Contracting
• Interdict
• Self Review
• Termination Of Agreement

Azam and Friends (Pty) Ltd v Boardwalk Mall Consortium (423/2024)

Azam and Friends (Pty) Ltd v Boardwalk Mall Consortium (423/2024) [2024] ZAECQBHC 13 (15 February 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

423/2024

Judge

N G Beshe

The High Court found the urgent application justified, granted a rule nisi, and ordered interim relief while the lease dispute and possible eviction are litigated.

• Lease Cancellation
• Urgent Interdict
• Repudiation Of Contract
• Public Policy Clauses
• Debate Of Account
• Urgent-interdict