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South Africa Case Law

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Civil Procedure [2025] ZAMPMHC 37

Gert Sibande District Municipality v Bonginkosi Technologies (Pty) Ltd (5459/2022)

Gert Sibande District Municipality v Bonginkosi Technologies (Pty) Ltd (5459/2022) [2025] ZAMPMHC 37 (4 August 2025)

The High Court granted leave to appeal to the Full Court after finding the applicant had shown reasonable prospects of a different outcome.

  • Leave To Appeal
  • Review Of Tender Award
  • Service Level Agreement
  • Declaratory Relief
  • Costs Award
  • Leave-to-appeal
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Civil Procedure [2025] ZANCHC 62

Japhta and Another v Mosala and Others (Ex Tempore) (990/2025)

Japhta and Another v Mosala and Others (Ex Tempore) (990/2025) [2025] ZANCHC 62 (1 July 2025)

Urgent interlocutory relief was refused because the applicants failed to show genuine urgency or standing, and substantial redress remained available at the main hearing.

  • Urgent Interdict
  • Locus Standi
  • Service Level Agreement
  • Freezing Of Bank Account
  • Urgent-interdict
  • Locus-standi
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Civil Procedure [2025] ZAKZPHC 62

Tactical Security Services CC v Newcastle Local Municipality and Others (5214/2024)

Tactical Security Services CC v Newcastle Local Municipality and Others (5214/2024) [2025] ZAKZPHC 62 (17 June 2025)

The court confirmed a rule nisi and awarded Tactical Security party and party costs on Scale B after the municipality’s late undertaking caused urgent application costs.

  • Costs Award
  • Service Level Agreement
  • Premature Termination
  • Urgent Application Procedure
  • Costs-award
  • Urgent-application
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Civil Procedure [2025] ZAGPPHC 634

Violet Transport CC v Empedocles and Others (2025/073647)

Violet Transport CC v Empedocles and Others (2025/073647) [2025] ZAGPPHC 634 (10 June 2025)

The High Court struck an urgent application off the roll, finding the alleged urgency was self-created and the applicant could seek redress in pending liquidation proceedings.

  • Urgency In Motion Proceedings
  • Interdict
  • Declaratory Relief
  • Service Level Agreement
  • Corporate Liquidation
  • Urgency-in-motion-proceedings
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Commercial And Corporate [2025] ZALMPPHC 109

MENP Trading Projects CC v Mimed (Pty) Ltd (9 June 2025) (7126/2021)

MENP Trading Projects CC v Mimed (Pty) Ltd (9 June 2025) (7126/2021) [2025] ZALMPPHC 109 (5 June 2025)

The High Court held that Black Chrome Mine’s liquidation frustrated the capitation-fee part of the SLA, but the defendant still had to give 60 days’ notice.

  • Contract Termination
  • Damages
  • Force Majeure
  • Notice Period
  • Service Level Agreement
  • Contract-termination
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Civil Procedure [2025] ZAGPPHC 519

Mosepelo Trading CC v City of Tshwane Metropolitan Municipality (012524/2024)

Mosepelo Trading CC v City of Tshwane Metropolitan Municipality (012524/2024) [2025] ZAGPPHC 519 (23 May 2025)

The High Court dismissed a partial summary judgment application, finding that the alleged acknowledgment of debt was unclear and the defendant had a bona fide defence.

  • Summary Judgment
  • Acknowledgment Of Debt
  • Service Level Agreement
  • Prescription
  • Set Off
  • Summary-judgment
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Civil Procedure [2025] ZAGPPHC 506

Housing Development Agency v Khavhakone Construction Group (Pty) Ltd (22632/2022)

Housing Development Agency v Khavhakone Construction Group (Pty) Ltd (22632/2022) [2025] ZAGPPHC 506 (16 May 2025)

Leave to appeal was refused after the court found no reasonable prospects of success in a dispute over interim payment certificates and contract valuation.

  • Leave To Appeal Threshold
  • Interim Payment Certificates
  • Service Level Agreement
  • Contract Termination
  • Leave-to-appeal
  • Interim-payment-certificates
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Administrative Law [2025] ZAGPJHC 376

Hlaniki Investment Holding (Pty) Ltd v City of Ekurhuleni Metropolitan Municipality (102773/2023)

Hlaniki Investment Holding (Pty) Ltd v City of Ekurhuleni Metropolitan Municipality (102773/2023) [2025] ZAGPJHC 376 (8 April 2025)

The court held that it was entitled to raise the issue of compliance with section 33(1) of the MFMA mero motu, as the contract's duration and its implications for public funds made the point of law necessary and apparent from the evidence. The SLA, on its face and as confirmed by the parties' conduct, extended beyond three financial years, triggering the requirements of section 33(1). The contract was not regularised in accordance with the statutory requirements, rendering it invalid. The court rejected the appellant's argument that the contract should be interpreted to uphold legality, findi…

  • Municipal Finance Management Act
  • Contract Interpretation
  • Public Procurement
  • Illegality Of Contract
  • Service Level Agreement
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Civil Procedure [2025] ZAGPJHC 192

Maru Spaces Consortium v Gauteng Provincial Government Department of Infrastructure Development (2023/1880)

Maru Spaces Consortium v Gauteng Provincial Government Department of Infrastructure Development (2023/1880) [2025] ZAGPJHC 192 (26 February 2025)

The Respondent failed to comply with the pre-conditions for arbitration as stipulated in the Service Level Agreement, and thus its special plea of arbitration was correctly dismissed. The supplementary affidavit of the Applicant was considered by both parties as admitted, and no objection was raised; the court's oversight in not formally admitting it is corrected by amending the order. There were no real factual disputes requiring the application of the Plascon-Evans rule, as the Respondent's defence did not rise to a legally cognisable level. Reliance on the KwaZulu-Natal Joint Liaison Commi…

  • Arbitration Clauses
  • Service Level Agreement
  • Leave To Appeal
  • Admission Of Affidavits
  • Plascon Evans Rule
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Commercial And Corporate [2025] ZAGPPHC 142

Keyter v Minister of Arts and Culture of the National Government and Another (47793/2015)

Keyter v Minister of Arts and Culture of the National Government and Another (47793/2015) [2025] ZAGPPHC 142 (17 February 2025)

The High Court held that the defendants failed to prove the service-level agreement was unlawful and awarded the plaintiff agreed damages, interest, and costs.

  • Breach Of Contract
  • Public Procurement
  • Service Level Agreement
  • Repudiation
  • Quantum Of Damages
  • Public-procurement
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.