South Africa Case Law

Infinite Blue Trading 29 cc t-a Motau Projects v Johannesburg Roads Agency Soc Limited (2024-004605)

Infinite Blue Trading 29 cc t-a Motau Projects v Johannesburg Roads Agency Soc Limited (2024-004605) [2024] ZAGPJHC 417 (25 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024-004605

Judge

Aucamp S

The High Court held that JRA’s refusal to issue further orders under a service contract was a repudiation, and that audit findings alone did not justify termination.

• Repudiation Of Contract
• Public Procurement
• State Organs Contracting
• Interdict
• Self Review
• Termination Of Agreement

Annandale v Meintjies and Meintjies Rekenmeesters and Another CC

Annandale v Meintjies and Meintjies Rekenmeesters and Another CC [2023] ZAGPPHC 134; A177/2020 (28 February 2023)

Court

North Gauteng High Court, Pretoria

Case number

A177/2020

Judges

Neukircher, Sardiwalla, Malungana

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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• Oral Agreement
• Statement And Debatement Of Account
• Profit Sharing
• Sub Contracting
• Credibility Assessment
• Termination Of Agreement

Hageman NO and Another v Wilgeheuwel Aftree-oord (Pty) Ltd (2020/22358)

Hageman NO and Another v Wilgeheuwel Aftree-oord (Pty) Ltd (2020/22358) [2021] ZAGPJHC 102 (27 July 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2020/22358

Judge

S D J Wilson

Summary judgment was granted after the court found the defendant had not fully disclosed a bona fide defence under Rule 32 in a life-right repayment dispute.

• Summary Judgment
• Life Right Agreement
• Liquidated Demand
• Contractual Obligation
• Termination Of Agreement
• Summary-judgment

Keyhealth Medical Scheme v Glopin (Pty) Ltd (A393/2019)

Keyhealth Medical Scheme v Glopin (Pty) Ltd (A393/2019) [2021] ZAGPPHC 446 (14 April 2021)

Court

North Gauteng High Court, Pretoria

Case number

A393/2019

Judges

Mogotsi, van der Westhuizen, Collis

The High Court held that a medical-scheme broking agreement was a binding contract, not a mandate simpliciter, and upheld dismissal of the appeal with punitive costs.

• Contract Interpretation
• Broker Agreement
• Mandate Vs Contract
• Termination Of Agreement
• Punitive Costs
• Contract-interpretation

Hattingh v Furman and Others NNO (388/2019)

Hattingh v Furman and Others NNO (388/2019) [2020] ZASCA 123 (5 October 2020)

Court

Supreme Court of Appeal

Case number

388/2019

Judges

Ponnan, Van Der Merwe, Molemela, Mbatha, Ledwaba

The majority of the Supreme Court of Appeal held that the Addendum to the Memorandum of Agreement (AMA) was a simulated transaction, intended to conceal Hattingh's member's interest from the heirs of his late wife, rather than genuinely divesting him of that interest. The evidence demonstrated that Hattingh continued to act as general manager and retained the ability to reclaim his member's interest, indicating that the parties did not intend the AMA to have its apparent legal effect. Consequently, Hattingh did not withdraw from the business as contemplated by clause 13.1.3 of the Buy and Sel…

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• Close Corporation Membership
• Buy And Sell Agreement
• Contract Interpretation
• Simulated Transaction
• Termination Of Agreement

Imperial Cargo Solutions v SATAWU and Others (JA63/2016)

Imperial Cargo Solutions v SATAWU and Others (JA63/2016) [2017] ZALAC 47; (2017) 38 ILJ 2479 (LAC); [2017] 12 BLLR 1189 (LAC) (1 August 2017)

Court

Labour Appeal Court

Case number

JA63/2016

Judges

Tlaletsi, Davis, Kathree-Setiloane

The Labour Appeal Court held that the obligation for employees to perform ancillary duties was created exclusively by the collective agreement, which was lawfully cancelled by the respondents. There was no evidence of any written or verbal contract of employment requiring drivers to perform ancillary duties as part of their normal functions. Upon cancellation of the collective agreement, both the obligation to perform ancillary duties and the employer's obligation to pay the guard fee fell away. The court distinguished the facts from the SAMWU case, finding no basis for incorporation of the c…

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• Collective Agreements
• Contractual Obligations
• Strike Action
• Ancillary Duties
• Termination Of Agreement

DHL International (Pty) Ltd t/a DHL Express v Commission for Conciliation Mediation And Arbitration and Others (JR 1032/14)

DHL International (Pty) Ltd t/a DHL Express v Commission for Conciliation Mediation And Arbitration and Others (JR 1032/14) [2016] ZALCJHB 256 (20 July 2016)

Court

Labour Court Johannesburg

Case number

JR 1032/14

Judge

Myhill

The court found that clause 44 of the Full-Time Shop Steward Agreement did not preclude unilateral termination by the applicant in terms of section 23(4) of the Labour Relations Act. The arbitrator's interpretation was unreasonable and amounted to a reviewable error. The three months' notice given by the applicant was reasonable under the circumstances, and the termination of the agreement was lawful and valid. The Third Respondent's opposition to the application was without reasonable basis, and no special circumstances existed to depart from the general rule that costs follow the result.

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• Collective Agreements
• Termination Of Agreement
• Reasonable Notice
• Arbitration Review
• Costs Award

Deutsches Altersheim Zu Pretoria v Dohmen and Others (34/2014)

Deutsches Altersheim Zu Pretoria v Dohmen and Others (34/2014) [2015] ZASCA 3 (5 March 2015)

Court

Supreme Court of Appeal

Case number

34/2014

Judges

Ponnan, Mhlantla, Leach, Zondi, Mayat

The appeal became moot after the first respondent’s death ended the underlying dispute. The Supreme Court of Appeal struck it off the roll and awarded costs.

• Mootness
• Costs On Appeal
• Eviction Proceedings
• Termination Of Agreement
• Appeal-costs
• Eviction-procedure

South African Federation of Civil Engineering Contractors and Another v National Union of Metal Workers of South Africa and Others (J2847/12)

South African Federation of Civil Engineering Contractors and Another v National Union of Metal Workers of South Africa and Others (J2847/12) [2012] ZALCJHB 164; (2013) 34 ILJ 2084 (LC) (19 December 2012)

Court

Labour Court Johannesburg

Case number

J2847/12

Judge

Rabkin Naicker

The Labour Court held that a project labour agreement formed for an indeterminate project period could be terminated on reasonable notice under section 23(4) of the LRA.

• Collective Agreements
• Termination Of Agreement
• Reasonable Notice
• Right To Strike
• Dispute Resolution
• Labour Relations Act

Colors Fruit (South Africa) ( Pty) Ltd v Voor-Groenberg Nurseries/Kwekerye CC and Others (14891/2011)

Colors Fruit (South Africa) ( Pty) Ltd v Voor-Groenberg Nurseries/Kwekerye CC and Others (14891/2011) [2011] ZAWCHC 453 (16 September 2011)

Court

Western Cape High Court, Cape Town

Case number

14891/2011

Judge

Davis

The High Court held that Colors Fruit owned the disputed Sheehan grape plant material and ordered delivery, with an interdict against the second respondent.

• Plant Breeders Rights Act
• Ownership Of Vegetative Material
• Rei Vindicatio
• Exclusive Licensing
• Termination Of Agreement
• Rei-vindicatio