South Africa Case Law

Technologies Acceptances Receivables (Pty) Limited and Others v Selebogo Incorporated and Another (2022/001657)

Technologies Acceptances Receivables (Pty) Limited and Others v Selebogo Incorporated and Another (2022/001657) [2025] ZAGPJHC 491 (21 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/001657

Judge

L Putter

The High Court refused summary judgment in a dispute over rental agreements for office equipment, finding the cancellation and repossession issues should go to trial.

• Summary Judgment
• Rental Agreements
• Termination Of Contract
• Repossession Of Goods
• Summary-judgment
• Rental-agreements

Ekurhuleni Water Care Company v Maziya General Services CC (2023/090528)

Ekurhuleni Water Care Company v Maziya General Services CC (2023/090528) [2025] ZAGPJHC 339 (3 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/090528

Judge

L Putter

The High Court dismissed Erwat’s self-review over contractual extensions, finding no reviewable public power and refusing condonation for the late application.

• Legality Review
• Municipal Finance Management Act
• Contractual Extensions
• Delay In Review
• Adjudication Procedure
• Termination Of Contract

Ntema Investment / Sedtrade (Pty) Ltd Joint Venture and Another v Department of Human Settlements, Free State Province and Another (533/2024)

Ntema Investment / Sedtrade (Pty) Ltd Joint Venture and Another v Department of Human Settlements, Free State Province and Another (533/2024) [2025] ZAFSHC 10 (28 January 2025)

Court

Free State High Court, Bloemfontein

Case number

533/2024

Judge

Daffue

The High Court held that a dissolved joint venture could not seek reinstatement to a housing project after contract termination, and dismissed the application with costs.

• Joint Venture Dissolution
• Specific Performance
• Joinder Of Parties
• Termination Of Contract
• Joint-venture-dissolution
• Specific-performance

Caterpillar Financial Services South Africa (Pty) Ltd v Elephan-te Trading (Pty) Ltd (2023/081166)

Caterpillar Financial Services South Africa (Pty) Ltd v Elephan-te Trading (Pty) Ltd (2023/081166) [2024] ZAGPPHC 1368 (27 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023/081166

Judge

BAM

High Court rei vindicatio claim granted after finding the applicant could cancel the instalment sale agreement by notice without first obtaining a court order.

• Rei Vindicatio
• Contract Interpretation
• Instalment Sale Agreement
• Termination Of Contract
• Remedies For Breach
• Rei-vindicatio

Khavhakone Construction Group (Pty) Ltd v Housing Development Agency and Another (22632/2022)

Khavhakone Construction Group (Pty) Ltd v Housing Development Agency and Another (22632/2022) [2024] ZAGPPHC 1281 (5 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

22632/2022

Judge

Retief

High Court held that certified IPC 25 and IPC 26 were payable under the GCC, and that the contractor validly terminated the SLA for non-payment.

• Service Level Agreement
• Payment Certificate Dispute
• Termination Of Contract
• General Conditions Of Contract
• Interest On Judgment Debt
• Construction-law

Armshield Securiry Services CC v MEC for Health Department KwaZulu-Natal (13243/2022P)

Armshield Securiry Services CC v MEC for Health Department KwaZulu-Natal (13243/2022P) [2024] ZAKZPHC 130 (17 October 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

13243/2022P

Judge

Ncube

The High Court held that the respondent could not terminate a month-to-month security contract before the related appeal process was finalised.

• Public Procurement
• Contract Interpretation
• Termination Of Contract
• Declaratory Relief
• Contract-interpretation
• Termination-of-contract

Triple S Holdings Proprietary Limited and Another v Pioneer Foods Proprietary Limited (Reasons) (3156/2024)

Triple S Holdings Proprietary Limited and Another v Pioneer Foods Proprietary Limited (Reasons) (3156/2024) [2024] ZAECMKHC 108 (10 October 2024)

Court

Eastern Cape High Court, Makhanda

Case number

3156/2024

Judge

NJ Mullins

The court found that the applicants failed to establish the existence of binding new distribution agreements, as the evidence showed ongoing negotiations subject to unresolved conditions. The applicants' assertion of oral 'handshake' agreements was inherently contradictory and unsupported by the correspondence. The respondent's termination of the month-to-month contracts, although procedurally defective, was rendered academic by the lapse of time and the applicants' cessation of business. The requirements for interim interdictory relief were not met, as the applicants did not demonstrate a pr…

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• Specific Performance
• Interim Interdict
• Termination Of Contract
• Public Policy
• Oral Contracts
• Arbitration Clause

BMW Financial Services SA (Pty) Ltd v Mofomme (4855/2022)

BMW Financial Services SA (Pty) Ltd v Mofomme (4855/2022) [2024] ZAGPPHC 517 (6 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

4855/2022

Judge

Kekana

The court found that the applicant had complied with section 129 of the National Credit Act by providing evidence of delivery of the notice to the correct post office and notification to the respondent. The respondent failed to rebut the presumption of delivery or provide a reasonable explanation for non-receipt. The contract was validly terminated upon breach, and subsequent payments by the respondent did not revive the agreement, as the contract expressly required continued payments even after termination if the respondent remained in possession of the vehicle. The applicant's claim for sum…

Source excerpt

• National Credit Act
• Summary Judgment
• Instalment Sale Agreement
• Compliance With Section 129
• Termination Of Contract

Bluroca Trading CC v Amatola Water (EL601/2019)

Bluroca Trading CC v Amatola Water (EL601/2019) [2024] ZAECELLC 14 (21 April 2024)

Court

Eastern Cape High Court, East London Local Court

Case number

EL601/2019

Judge

Zilwa

The court found that the contract between the parties was concluded on 10 August 2016, the date both parties signed the contract document. Any obligations or commencement dates prior to signature were invalid, as the non-variation clause required written and signed amendments. The engineer acted ultra vires in giving possession of the site and determining an earlier commencement date. The defendant's termination of the contract was unlawful, as it was based on an incorrect commencement date and occurred while the defendant was in breach of its obligations. The plaintiff is entitled to damages…

Source excerpt

• Breach Of Contract
• Contractual Liability
• Non Variation Clause
• Termination Of Contract
• Damages Quantification
• Public Policy

Minister of Water and Sanitation v Clackson Power(Pty) Ltd and Another (4438/2023)

Minister of Water and Sanitation v Clackson Power(Pty) Ltd and Another (4438/2023) [2024] ZAWCHC 87; 2024 (5) SA 280 (WCC) (20 March 2024)

Court

Western Cape High Court, Cape Town

Case number

4438/2023

Judge

DC Joubert AJ

The court found that the Minister's deponent, Mr Chaminuka, falsely claimed to be the Director-General of the Department of Water and Sanitation and failed to provide any explanation or ratification of his authority after being challenged. The Minister did not provide sufficient evidence that the proceedings were properly authorised, either by the Department or by the Minister. The court rejected the argument that authority could only be challenged under Rule 7(1), holding that the principles in Mall (Cape) and Tattersall remain applicable and that authority may be challenged on the papers. A…

Source excerpt

• Authority To Institute Proceedings
• Uniform Rule 7
• Special Costs Order
• Termination Of Contract
• State Liability