South Africa Case Law

Lekalakala v Kramer Weihmann Inc and PJ Joubert (5087/2023)

Lekalakala v Kramer Weihmann Inc and PJ Joubert (5087/2023) [2025] ZAFSHC 187 (20 June 2025)

Court

Free State High Court, Bloemfontein

Case number

5087/2023

Judge

Greyling-Coetzer

The court found that section 34(7)(c) of the Legal Practice Act, as well as analogous provisions in the Companies Acts and Attorneys Act, create joint and several liability for directors and past directors of personal liability companies. However, this statutory liability does not require all potentially liable directors to be joined in the proceedings, as the plaintiff is entitled to select whom to sue among joint and several debtors. The non-joined parties do not have a direct and substantial interest in the subject matter of the litigation that would be prejudiced by the outcome, and thus…

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• Non Joinder
• Lis Pendens
• Personal Liability Company
• Joint And Several Liability
• Legal Practice Act
• Third Party Proceedings

Da Costa Bonifacio and Another v Lombard Insurance Company Limited (20/4174)

Da Costa Bonifacio and Another v Lombard Insurance Company Limited (20/4174) [2023] ZAGPJHC 91 (7 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

20/4174

Judge

Strydom

The High Court granted leave to appeal over whether settling a guarantee claim affected third parties’ Rule 13 rights to contest underlying liability.

• Third Party Proceedings
• Performance Guarantee
• Indemnity Contract
• Rule 13 Procedure
• Third-party-proceedings
• Performance-guarantee

Brown v Member of the Executive Council for the Education and Sport Development, North West Province (96/2021)

Brown v Member of the Executive Council for the Education and Sport Development, North West Province (96/2021) [2023] ZANWHC 4 (19 January 2023)

Court

North West High Court, Mafikeng

Case number

96/2021

Judge

K Mongale

The court found that the defendant's Rule 35(12) notices were irregular steps because the requested documents, except for the third-party liability insurance policy, were not referred to in the pleadings of the Third parties as required by Rule 35(12). The defendant failed to comply with Form 15 of the First Schedule by not indicating in which pleading the documents were referenced. The correct procedure for obtaining documents relevant to anticipated issues for purposes of pleading is Rule 35(14), not Rule 35(12). The insurance policy was properly referenced and produced, but the remaining d…

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• Discovery Of Documents
• Rule 35 Procedure
• Irregular Step
• Pleadings
• Third Party Proceedings

South African National Roads Agency SOC Limited v Archiways Syke (Pty) Ltd and Another (5302/2021P)

South African National Roads Agency SOC Limited v Archiways Syke (Pty) Ltd and Another (5302/2021P) [2022] ZAKZPHC 51 (15 September 2022)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

5302/2021P

Judge

Bezuidenhout

The court found that the respondent was aware of Camry's occupation and accepted the premises as described in the tender and lease, including Camry as a subtenant. The respondent issued invoices and received rental from Camry, demonstrating acceptance of the situation. The lease agreement, not the tender document, governs the parties' rights and obligations. The clause relied upon by the respondent was deleted from the signed lease, and the respondent is bound by the agreement it signed. The petroleum license was granted in March 2020, and rental was payable from the commencement date. The re…

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• Eviction
• Lease Agreement
• Third Party Proceedings
• Exceptio Non Adimpleti Contractus
• Tender Process
• Reciprocal Obligations

Steer Property Services CC t/a Steer & Co v Bruch N.O. and Others (18384/2019)

Steer Property Services CC t/a Steer & Co v Bruch N.O. and Others (18384/2019) [2022] ZAWCHC 171 (5 September 2022)

Court

Western Cape High Court, Cape Town

Case number

18384/2019

Judge

A.G. Binns-Ward

The High Court upheld an exception to a third-party notice, holding the pleaded indemnity ran only in favour of the trust, not the trustees personally.

• Delegation Of Debt
• Indemnity
• Contractual Interpretation
• Third Party Proceedings
• Third-party-proceedings
• Delegation-of-debt

Doovey v University of the Free State and Another (5668/2018)

Doovey v University of the Free State and Another (5668/2018) [2021] ZAFSHC 45 (22 February 2021)

Court

Free State High Court, Bloemfontein

Case number

5668/2018

Judge

Mathebula

The court held that the amendment of the plea by the respondent re-opened the pleadings, thereby permitting the respondent to file a third party notice without the need for leave of court under rule 13(3)(b). The court found that the filing of the third party notice did not constitute an irregular step, as the pleadings were properly re-opened by the amendment. The applicant's arguments regarding the validity and timing of the amendment were not relevant to the application before the court, which was solely concerned with whether the third party notice was irregular. The court further held th…

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• Third Party Proceedings
• Amendment Of Pleadings
• Irregular Steps
• Rule 30 Application

Manuel v City of Cape Town and Another (4384/2017)

Manuel v City of Cape Town and Another (4384/2017) [2020] ZAWCHC 49 (10 June 2020)

Court

Western Cape High Court, Cape Town

Case number

4384/2017

Judge

J I Cloete

The High Court dismissed a damages claim after finding the plaintiff failed to prove a City employee stacked table tops that caused his foot injury.

• Vicarious Liability
• Negligence
• Third Party Proceedings
• Burden Of Proof
• Vicarious-liability
• Civil-trial

South African Municipal Workers Union National Provident Fund v Dihlabeng Local Municipality and Another (3463/2013)

South African Municipal Workers Union National Provident Fund v Dihlabeng Local Municipality and Another (3463/2013) [2014] ZAFSHC 160 (11 September 2014)

Court

Free State High Court, Bloemfontein

Case number

3463/2013

Judge

L J Lekale

The court found that good cause existed for condonation of the late delivery of the respondent's answering papers, and accordingly condoned the delay. This removed the need for the respondent to seek leave to file third party notices. The court further held that the issues raised in the main application, including the constitutionality of section 13A(1) of the Pension Funds Act and Rule 3.2.1 of the applicant's rules, as well as the factual dispute regarding reinstatement versus re-employment of employees, were also raised in the third party proceedings. The interpretation of the relevant set…

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• Third Party Proceedings
• Condonation
• Pension Fund Contributions
• Constitutionality Of Statute

Ercon Electrical and Earthing Contractors (Pty) Ltd v Olympus Country Estate and Home Owners Association and Another (9267/09)

Ercon Electrical and Earthing Contractors (Pty) Ltd v Olympus Country Estate and Home Owners Association and Another (9267/09) [2014] ZAGPPHC 541 (18 July 2014)

Court

North Gauteng High Court, Pretoria

Case number

9267/09

Judge

T J Raulinga

The High Court held that the first defendant was orally bound to pay for electrical repairs, and dismissed its claim against the third party.

• Oral Contract
• Payment Liability
• Third Party Proceedings
• Contract Interpretation
• Oral-contract
• Contract-interpretation

Smits v Member of the Executive Council: Police, Roads and Transport, FS (1657/2012)

Smits v Member of the Executive Council: Police, Roads and Transport, FS (1657/2012) [2014] ZAFSHC 75 (12 June 2014)

Court

Free State High Court, Bloemfontein

Case number

1657/2012

Judge

A. Kruger

The High Court dismissed a default-judgment application seeking to declare a third party solely liable to the plaintiff under Uniform Rule 13.

• Third Party Proceedings
• Default Judgment
• Apportionment Of Damages Act
• Uniform Rule 13
• Third-party-proceedings
• Default-judgment