South Africa Case Law

Old Mutual Alternate Risk Transfer Insure Limited v SA Guarantee Specialists Proprietary Limited and Another (2025/127863)

Old Mutual Alternate Risk Transfer Insure Limited v SA Guarantee Specialists Proprietary Limited and Another (2025/127863) [2025] ZAWCHC 345 (13 August 2025)

Court

Western Cape High Court, Cape Town

Case number

2025/127863

Judge

Morrissey AJ

The High Court granted urgent access and inspection relief to an insurer against its underwriting manager after unauthorised offshore guarantees and non-compliance concerns.

• Specific Performance
• Cell Captive Insurance
• Contract Termination
• Data Access Rights
• Breach Of Contract
• Fiduciary Duties

Councillor D.M Pitso (Mayor of Ramotshere Moiloa Municipality) and Another v Councillor L P Letshufi Speaker of Ramotshere Moiloa Local Municipality and Others (2495/2025)

Councillor D.M Pitso (Mayor of Ramotshere Moiloa Municipality) and Another v Councillor L P Letshufi Speaker of Ramotshere Moiloa Local Municipality and Others (2495/2025) [2025] ZANWHC 148 (11 August 2025)

Court

North West High Court, Mafikeng

Case number

2495/2025

Judge

Malane

The High Court dismissed a specific performance claim after finding that an acknowledgment of debt was a credit agreement under the NCA and the applicant was unregistered.

• National Credit Act
• Credit Provider Registration
• Specific Performance
• Acknowledgment Of Debt
• In Duplum Rule
• National-credit-act

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

Garachv v African Bank Holdings Limited (2025/114171)

Garachv v African Bank Holdings Limited (2025/114171) [2025] ZALCD 30 (4 August 2025)

Court

Labour Court Durban

Case number

2025/114171

Judge

B Whitcher

The Labour Court held that the employee’s dismissal was unlawful and ordered reinstatement pending a proper disciplinary hearing under the employer’s code.

• Specific Performance
• Disciplinary Code Compliance
• Unlawful Dismissal
• Contractual Rights In Employment
• Unlawful-dismissal
• Specific-performance

Tsontswane v Shahzaib Gondal Trading (Pty) Ltd and Others (6286/2024)

Tsontswane v Shahzaib Gondal Trading (Pty) Ltd and Others (6286/2024) [2025] ZANWHC 130 (1 August 2025)

Court

North West High Court, Mafikeng

Case number

6286/2024

Judge

LM Morgan

The application failed because the applicant did not plead or prove which clauses of the lease agreement were breached, nor did he set out the necessary facts substantiating his claims. The founding affidavit was vague and deficient, lacking the material facts required to sustain the cause of action. The applicant attempted to supplement his case through replying affidavits and heads of argument, which is impermissible. Relief against respondents who were not properly served or were not parties to the lease agreement was not competent. The applicant's conduct suggested an ulterior motive for…

Source excerpt

• Lease Cancellation
• Eviction
• Founding Affidavit Requirements
• Contractual Breach
• Specific Performance
• Sanctity Of Contracts

Glenhazel Investment (Pty) Ltd v Barbaglia N.O and Others (2023/055003)

Glenhazel Investment (Pty) Ltd v Barbaglia N.O and Others (2023/055003) [2025] ZAGPJHC 738 (25 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/055003

Judge

M P Motha

The High Court referred a deposit dispute to trial after finding a material factual dispute over a trustee’s authority to bind a trust in a property sale.

• Trustee Authority
• Alienation Of Land Act
• Unjust Enrichment
• Specific Performance
• Condictio Indebiti
• Trust-law

Bondev Midrand (Pty) Ltd v Van Blerk and Others (A77/2025; 909/2014)

Bondev Midrand (Pty) Ltd v Van Blerk and Others (A77/2025; 909/2014) [2025] ZAGPPHC 741 (21 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

A77/2025; 909/2014

Judges

Wright, Van Der Westhuizen, Kooverjie

The High Court set aside a default order over an erf transfer and sent the dispute to trial, finding serious factual disputes on prescription and enrichment.

• Prescription
• Unjust Enrichment
• Specific Performance
• Transfer Of Property
• Unjust-enrichment
• Property-transfer

Standard Bank of South Africa Limited v Troskie Consultants (Pty) Ltd and Another (2023/012036)

Standard Bank of South Africa Limited v Troskie Consultants (Pty) Ltd and Another (2023/012036) [2025] ZAGPJHC 664 (8 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/012036

Judge

T Engelbrecht

The court found that the applicant and first respondent entered into seven instalment sale agreements, which the first respondent breached by failing to make payments. The respondent’s defence that the applicant’s omission of VAT numbers and addresses caused SARS to reject VAT claims, thereby making performance impossible, was rejected. The agreements did not make payment conditional on VAT refunds, and the respondent was responsible for ensuring correct information was included. The court held that any impossibility was subjective and self-created, not objective. Payments were made for a sub…

Source excerpt

• Instalment Sale Agreements
• Contract Cancellation
• Specific Performance
• Duty Of Care
• Dispute Of Fact

Balatincz v Coetzer N.O and Others (7634/2023)

Balatincz v Coetzer N.O and Others (7634/2023) [2025] ZALMPPHC 132 (7 July 2025)

Court

Limpopo High Court, Polokwane

Case number

7634/2023

Judge

Mangena

The High Court held that a written sale agreement for a farm was valid and binding, rejecting the seller’s expiry-date challenge and ordering transfer.

• Sale Of Land
• Authority Of Executor
• Rectification Of Contract
• Suspensive Condition
• Specific Performance
• Sale-of-land

Jaltech Africa Capital (Pty) Ltd and Others v Alleyroads Power (Pty) Ltd and Others (2025/091612)

Jaltech Africa Capital (Pty) Ltd and Others v Alleyroads Power (Pty) Ltd and Others (2025/091612) [2025] ZAGPJHC 660 (2 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/091612

Judge

Allen AJ

The court granted urgent interdictory relief allowing deactivation of a solar and battery system, finding contractual rights, non-payment, interference, and risk of harm.

• Final Interdict
• Specific Performance
• Urgent Interdict
• Contractual Dispute Resolution
• Electricity Supply Agreement
• Urgent-interdict