South Africa Case Law

Engineering Industries Pension Fund and Another v Installair (Pty) Ltd and Others (1633/2023)

Engineering Industries Pension Fund and Another v Installair (Pty) Ltd and Others (1633/2023) [2025] ZAWCHC 8 (16 January 2025)

Court

Western Cape High Court, Cape Town

Case number

1633/2023

Judge

Parker

The High Court ordered two company directors to provide missing pension and provident fund schedules, pay outstanding contributions, interest, and attorney-and-client costs.

• Pension Funds Act
• Personal Liability Of Directors
• Outstanding Contributions
• Statutory Obligations
• Liquidation
• Prescribed Interest

Eskom Holdings Soc Ltd and Another v Sonae Arauco (Pty) Ltd (1018/2023)

Eskom Holdings Soc Ltd and Another v Sonae Arauco (Pty) Ltd (1018/2023) [2024] ZASCA 177; 2025 (3) SA 78 (SCA) (18 December 2024)

Court

Supreme Court of Appeal

Case number

1018/2023

Judges

Mbatha, Weiner, Smith, Molopa-Sethosa, Koen

The Supreme Court of Appeal held that the curtailment agreement between Sonae and the municipality was not valid or enforceable, as it was not in writing and did not comply with the statutory requirements of the NRS048-9: 2019 Code of Practice. Sonae failed to demonstrate that its factory used 80% of the substation's supply or that the agreement met the Code's formalities. Eskom was not a party to the agreement and was statutorily obliged to assume responsibility for loadshedding when the municipality failed to comply with load reduction instructions. The Codes bind all parties and mandate Es…

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• Electricity Regulation Act
• Loadshedding
• Interim Interdict
• Municipal Powers
• Statutory Obligations

Tongaat Hulett Limited (In Business Rescue) and Others v South African Sugar Association and Others (Leave to Appeal) (D4472/2023)

Tongaat Hulett Limited (In Business Rescue) and Others v South African Sugar Association and Others (Leave to Appeal) (D4472/2023) [2024] ZAKZDHC 19 (6 May 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

D4472/2023

Judge

Vahed

Leave to appeal was refused in a business rescue dispute over whether obligations under the Sugar Industry Agreement could be suspended.

• Business Rescue
• Statutory Obligations
• Subordinate Legislation
• Constitutional Challenge
• Interpretation Of Agreement
• Costs Orders

Mafube Local Municipality v Municipal Workers' Retirement Fund and Others (2672/2021)

Mafube Local Municipality v Municipal Workers' Retirement Fund and Others (2672/2021) [2023] ZAFSHC 136 (2 May 2023)

Court

Free State High Court, Bloemfontein

Case number

2672/2021

Judge

Cronjé, AJ

The Municipality failed to meet the jurisdictional requirements for a stay of execution under section 153 of the MFMA, as no approved financial recovery plan exists and no substantive steps have been taken by the Provincial Government or its appointed agent. The Municipality has a history of non-payment and delay, and its claims of urgency and harm are unsupported by financial evidence. The statutory framework does not protect municipal bank accounts from attachment, and the Municipality’s conduct constitutes a criminal offence under the Pension Funds Act. The application for a stay is dismis…

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• Stay Of Execution
• Municipal Finance Management Act
• Pension Funds Act
• Attachment Of Bank Accounts
• Statutory Obligations
• Criminal Liability For Non Payment

Municipality Workers Retirement Fund v Mafube Local Municipality (2672/2021)

Municipality Workers Retirement Fund v Mafube Local Municipality (2672/2021) [2021] ZAFSHC 342 (9 September 2021)

Court

Free State High Court, Bloemfontein

Case number

2672/2021

Judge

P.E. Molitsoane

The High Court ordered Mafube Local Municipality to pay arrear pension contributions, prescribed interest, and attorney-and-client costs to the Municipal Workers Retirement Fund.

• Pension Fund Contributions
• Statutory Obligations
• Interest On Arrears
• Attorney And Client Costs
• Pension-fund-contributions
• Statutory-obligations

M OBO M v Member of the Executive Council for Health of the Gauteng Provincial Government (2014/32504)

M OBO M v Member of the Executive Council for Health of the Gauteng Provincial Government (2014/32504) [2018] ZAGPJHC 77 (20 April 2018)

Court

South Gauteng High Court, Johannesburg

Case number

2014/32504

Judge

D S S Moshidi

The High Court found the health department liable for negligent labour and delivery care that caused a child’s hypoxic-ischemic brain injury and cerebral palsy.

• Medical Negligence
• Duty Of Care
• Hospital Records
• Cerebral Palsy
• Burden Of Proof
• Statutory Obligations

Body Corporate of Empire Gardens v Sithole and Another (240/2016)

Body Corporate of Empire Gardens v Sithole and Another (240/2016) [2017] ZASCA 28; 2017 (4) SA 161 (SCA) (27 March 2017)

Court

Supreme Court of Appeal

Case number

240/2016

Judges

Tshiqi, Wallis, Petse, Mbha, Nicholls

The Supreme Court of Appeal held that a body corporate seeking compulsory sequestration must still prove advantage to creditors under s 10(c) of the Insolvency Act.

• Compulsory Sequestration
• Advantage To Creditors
• Sectional Title Schemes
• Preferential Creditors
• Statutory Obligations
• Compulsory-sequestration

Council for Medical Schemes v Genesis Medical Scheme (20518/2014)

Council for Medical Schemes v Genesis Medical Scheme (20518/2014) [2015] ZASCA 161; 2016 (1) SA 429 (SCA); [2016] 1 All SA 15 (SCA) (16 November 2015)

Court

Supreme Court of Appeal

Case number

20518/2014

Judges

Leach, Petse, Willis, Mbha, Zondi

The Supreme Court of Appeal held that Genesis Medical Scheme cannot, by its rules, avoid its statutory obligation to pay the full costs of treatment for prescribed minimum benefit conditions, even where such treatment is administered in a private institution. The Medical Schemes Act and its regulations require medical schemes to pay in full for PMB treatment, and scheme rules cannot override these statutory obligations. Genesis's failure to appoint designated service providers means it cannot rely on the regulatory provisions limiting liability to DSPs. The court found that public policy and…

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• Medical Schemes Act
• Prescribed Minimum Benefits
• Judicial Review
• Contractual Interpretation
• Public Policy
• Statutory Obligations

J R 209 Investments (Pty) Ltd v City of Tshwanwe Metropolitan Municipality and Others (76139/ 2015)

J R 209 Investments (Pty) Ltd v City of Tshwanwe Metropolitan Municipality and Others (76139/ 2015) [2015] ZAGPPHC 1024 (13 November 2015)

Court

North Gauteng High Court, Pretoria

Case number

76139/ 2015

Judge

Mavundla

Urgent interdict application over unlawful occupation and trespass was dismissed because urgency was self-created and the relief was not practically enforceable.

• Urgent Interdict
• Unlawful Occupation
• Municipal Duties
• Trespass
• Statutory Obligations
• Urgent-interdict

South African Families Association and Others v City of Cape Town and Others (5516/2015)

South African Families Association and Others v City of Cape Town and Others (5516/2015) [2015] ZAWCHC 176 (12 October 2015)

Court

Western Cape High Court, Cape Town

Case number

5516/2015

Judge

Weinkove

The court granted urgent relief requiring public participation before lease terminations, evictions, and demolitions linked to road works, but refused review relief over past decisions.

• Public Participation
• Statutory Obligations
• Lease Termination
• Eviction
• Demolition Of Properties
• Public-participation