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South Africa decisions
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Meyer v Meyer and Others (1819/2020) [2025] ZAWCHC 268 (23 June 2025)
High Court action over alleged fraud in family property sales failed; the court found Mrs Meyer knowingly signed the transactions and that the claims had prescribed.
Lombardy Development (Pty) Limited and Others v City of Tshwane Metropolitan Municipality and Another (A150/22) [2024] ZAGPPHC 17; 2025 (2) SA 516 (GP) (12 January 2024)
The appeal was upheld because the application for compliance relief was not moot, as a live controversy persisted regarding whether the City had complied with the review orders. The appellants did not impermissibly introduce new matter in reply; their amendment and supplementary evidence responded to the City's defence and were permissible. The City breached its constitutional obligations by retrospectively recategorising properties and failing to provide adequate explanation for credits passed, rendering meaningful engagement impossible. The evidence established a bona fide dispute regarding…
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Wessels v Roux (2022-044118) [2024] ZAGPJHC 8 (5 January 2024)
The High Court held that a co-owner was entitled to reasonable, limited access to the property, but not unfettered access or a separate accounting order.
Moonlight Investments (Pty) Ltd v Bapoo (10033/2022) [2023] ZAGPJHC 774 (22 June 2023)
High Court motion over disputed company control and rent collection failed because material factual disputes made final relief inappropriate on affidavit.
Annandale v Meintjies and Meintjies Rekenmeesters and Another CC [2023] ZAGPPHC 134; A177/2020 (28 February 2023)
The majority found that the trial court correctly accepted the respondent's version and rejected the appellant's account. The evidence and probabilities supported the conclusion that the appellant was engaged as a sub-contractor, entitled to one third of nett profits, and not as a purchaser or successor of the respondent's business or client base. The appellant's version was found to be improbable, unsupported by documentary evidence, and contradicted by the conduct of the parties and correspondence. The trial court's credibility findings were upheld, and the appeal was dismissed with costs.…
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Special Investigating Unit v Zakheni Strategic Supplies (Pty) Ltd and Another (GP09/2021) [2022] ZAST 16 (29 June 2022)
The Tribunal found that the contract awarded to Zakheni Strategic Supplies (Pty) Ltd was unlawful and irregular due to non-compliance with mandatory procurement prescripts, specifically Instruction Note 3, and the lack of authority of the CFO to singularly award the contract. The Tribunal dismissed Zakheni's arguments that TN3 was merely a guideline and confirmed its jurisdiction to review and set aside the contract and grant just and equitable relief. The Tribunal held that Zakheni is not entitled to profit from the impugned contract and ordered Zakheni to render audited financial statements…
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Tahilram v Kayser and Others In re: Kayser and Others v Tahilram (2020/10390) [2021] ZAGPJHC 751 (26 November 2021)
The court held that rule 24(2) allows a defendant to pursue a claim in reconvention against both the plaintiffs and a third party, provided leave is obtained and the claim is legally cognisable. The defendant demonstrated locus standi and a cause of action under the Companies Act, and the claims in convention and reconvention arise from the same factual matrix involving shareholding and directorship in the company. The court found that the proposed claim in reconvention is not excipiable, as the grounds of exception raised by the plaintiffs pertain to vagueness and embarrassment rather than l…
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Special Investigation Unit and Another v Msagala and Others (GP05/2020) [2021] ZAST 2 (31 August 2021)
The Tribunal found, on a balance of probabilities, that Msagala received secret profits amounting to R26,423,028.77 from IGS and Sithole while employed by Transnet, in breach of his employment duties. The evidence showed that cash deposits into the Msagala Investment Trust account correlated with payments from Transnet to IGS and subsequent cash cheques issued by IGS, which were cashed by Msagala or his associates. The Tribunal rejected the defence that these funds were derived from other businesses or loan repayments, finding such explanations improbable and unsupported by evidence. IGS and…
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M.D.S v J.P.V (83856/15) [2021] ZAGPPHC 543 (16 August 2021)
In a joint-ownership dispute, the High Court held that the plaintiff was entitled to her costs after the defendant’s conduct prolonged the matter unnecessarily.
Buffet Investment Services (Pty) Ltd v Goncalves and Others (33073/2019) [2021] ZAGPJHC 378 (3 June 2021)
The High Court enforced a loan agreement against co-principal debtors and guarantors, rejected a demand-and-statements defence, and dismissed a counterclaim for debatement.
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