South Africa Case Law

MacKay v Bidcorp Food Africa (Pty) Ltd and Others (40557/17)

MacKay v Bidcorp Food Africa (Pty) Ltd and Others (40557/17) [2018] ZAGPJHC 714 (28 June 2018)

Court

South Gauteng High Court, Johannesburg

Case number

40557/17

Judge

Siwendu

The court found that the applicant did not resign but was retrenched due to operational requirements following the sale and restructuring of Patleys. The supplementary agreement was not a simulated contract but reflected the true nature of the separation, negotiated openly and for legitimate commercial reasons. Bidcorp failed to establish a genuine dispute of fact or simulation, as its evidence was insufficient and lacked direct knowledge of the circumstances. The applicant was candid about preserving his entitlement to the consideration, and the agreements were implemented as negotiated. The…

Source excerpt

• Share Option Scheme
• Mutual Separation Agreement
• Simulation Of Contract
• Retrenchment
• Repudiation Of Contract
• Severance Pay

Grindrod v Torode and Others (A803/2014)

Grindrod v Torode and Others (A803/2014) [2016] ZAGPPHC 586 (20 May 2016)

Court

North Gauteng High Court, Pretoria

Case number

A803/2014

Judges

Tuchten, RG Tolmay, TAN Makhubele

The High Court held that the restructured loan did not contravene section 38 of the Companies Act and upheld the Bank’s claim; the cross-appeal failed.

• Companies Act Section 38
• Simulation Of Contract
• Suretyship Liability
• Condictio Indebiti
• Mortgage Bond Enforcement
• Companies-act-section-38

Maharage v Braaf and Others (25657/2011)

Maharage v Braaf and Others (25657/2011) [2012] ZAWCHC 311 (17 September 2012)

Court

Western Cape High Court, Cape Town

Case number

25657/2011

Judge

L M Olivier

The High Court refused enforcement of a deed of sale, finding the transaction was a simulation aimed at securing repayment rather than transferring ownership.

• Specific Performance
• Simulation Of Contract
• Enforcement Of Deed Of Sale
• Misrepresentation
• Non Disclosure
• Specific-performance

Ndaba v Department of Communications (JS 925/2010)

Ndaba v Department of Communications (JS 925/2010) [2012] ZALCJHB 41 (11 May 2012)

Court

Labour Court Johannesburg

Case number

JS 925/2010

Judge

Rabkin-Naicker

The Labour Court held that the purported secondment contract was a simulation and unenforceable, dismissing Ndaba’s claim for payment of the unexpired term.

• Public Service Act
• Secondment
• Fixed Term Contracts
• Simulation Of Contract
• Appointment Procedure
• Public-service-act

Sign and Seal Trading 206 (Pty) Ltd v M J Beef (Pty) Ltd and Others (682/10)

Sign and Seal Trading 206 (Pty) Ltd v M J Beef (Pty) Ltd and Others (682/10) [2010] ZAECGHC 33 (20 May 2010)

Court

Eastern Cape High Court, Grahamstown

Case number

682/10

Judge

J W Eksteen

The court refused summary judgment in a loan claim, finding the defendants raised a bona fide defence based on possible National Credit Act applicability.

• Summary Judgment
• National Credit Act
• Suretyship
• Contract Rectification
• Simulation Of Contract
• Interest Rate Enforceability

Maize Board v Jackson (396/2004)

Maize Board v Jackson (396/2004) [2005] ZASCA 80; [2006] 3 All SA 511 (SCA); 2005 (6) SA 592 (SCA) (19 September 2005)

Court

Supreme Court of Appeal

Case number

396/2004

Judges

Howie, Streicher, Van Heerden, Ponnan, Nkabinde

The Supreme Court of Appeal held that lease and management agreements were simulated to disguise a maize sale, making the respondent liable for levies.

• Simulation Of Contract
• Levies On Agricultural Products
• Onus Of Proof
• Avoidance Of Statutory Obligations
• Simulation-of-contract
• Statutory-avoidance

Absa Bank Ltd t/a Bankfin v Jordashe Auto CC (402/2001)

Absa Bank Ltd t/a Bankfin v Jordashe Auto CC (402/2001) [2002] ZASCA 130; [2003] 1 All SA 401 (SCA); 2003 (1) SA 401 (SCA) (27 September 2002)

Court

Supreme Court of Appeal

Case number

402/2001

Judges

Schutz, Farlam, Nugent, Jones, Heher

The court held Absa had not proven ownership of the vehicles on the papers and rejected estoppel on the evidence available, referring key factual disputes to oral evidence.

• Ownership Of Moveable Property
• Estoppel
• Simulation Of Contract
• Delivery Of Goods
• Floor Plan Agreements
• Ownership-of-movable-property