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South Africa decisions
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Firstrand Bank Ltd t/a First National Bank v Tshepori Holdings (Pty) Ltd and Another (2022/007978) [2025] ZAGPJHC 200 (28 February 2025)
Summary judgment was granted to the bank on an overdraft debt claim. The court rejected COVID-19-based supervening impossibility as a defence.
Fore St Holding (Pty) Ltd and Another v Meyer NO and Others (2023/01338) [2025] ZAGPJHC 71 (5 February 2025)
High Court review of an arbitration award dismissed. The court held the arbitrator acted within the reference, upheld the award, and ordered punitive costs.
Empact Group (Pty) Ltd v Malope and Others (JR1063/21) [2025] ZALCJHB 5 (17 January 2025)
Labour Court held that BCEA sections 37 and 38 do not create a statutory right to notice pay where supervening impossibility of performance excuses payment.
Maher v Avianto (Pty) Ltd (A2023/097547) [2024] ZAGPJHC 1163; [2025] 1 All SA 410 (GJ) (12 November 2024)
Covid-19 lockdown made the wedding venue unavailable on the agreed date, extinguishing the contract and entitling the appellant to a full refund.
Masinga v Almar Investments (Pty) Ltd (J564/23) [2024] ZALCJHB 381; [2024] 12 BLLR 1303 (LC); (2025) 46 ILJ 379 (LC) (8 October 2024)
The court found that no binding settlement agreement was concluded, as the applicant's acceptance of the proposed amount was expressly conditional on receipt of a tax directive and calculation of net payment. The respondent failed to obtain the tax directive and insisted on a signed agreement beforehand, evidencing lack of consensus. The respondent's defence of supervening impossibility due to Covid-19 was rejected for lack of evidence regarding its treatment of other employees and continued operations. The applicant's tender of services was accepted as fact, and the respondent's refusal to a…
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Reder Construction (Pty) Ltd v Minister of Public Works and Infrastructure of the Republic of South Africa and Another (4215/2022) [2024] ZAFSHC 300 (17 September 2024)
The court held that COVID-19 lockdown regulations did not create supervening impossibility and ordered payment of the contractor’s claimed additional costs.
ABSA Bank Limited v Ntlonze (1415/2024) [2024] ZAECMKHC 132 (3 September 2024)
The court held that the defendant's inability to earn income due to the Covid-19 lockdown did not amount to supervening impossibility of performance. The test is objective, and mere economic hardship or loss of profitability does not excuse contractual obligations. The contract was silent on force majeure, so common law applied. The defendant remained in substantial arrears beyond the lockdown period and failed to tender return of the vehicle, which is fatal to his defence. The plaintiff established entitlement to summary judgment, as the defendant's arguments did not raise a triable issue.
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Matjipa v PGL Mining (Pty) Ltd (J79/21) [2024] ZALCJHB 325 (21 August 2024)
The Labour Court held that the arbitration award issued in favour of the applicant is final and binding, as the respondent failed to institute review proceedings under section 145 of the LRA. The respondent's defence of supervening impossibility, based on the non-renewal of its contract with Redpath Mining, was rejected. The Court found no evidence that the employment contract was dependent on the commercial contract, nor was there any contractual provision supporting such dependency. The doctrine of supervening impossibility is not applicable to employment contracts unless expressly stipulat…
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Silver Solutions Security (Pty) Ltd v Saayman N.O ands Others (PR192/22) [2024] ZALCPE 31 (15 July 2024)
Review application dismissed: the employer failed to prove a fair basis for dismissal after access to the client site was revoked.
Nedbank Limited v Mathebula (337/22; 384/22) [2024] ZAGPPHC 621 (12 June 2024)
Summary judgment was granted in part on instalment sale agreements, rejecting a Covid-19 lockdown impossibility defence except for arrears during hard lockdown.
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