South Africa Case Law

Arkein Capital Partners (Pty) Ltd v Gauteng Partnership Trust t/a Gauteng Partnership Fund and Others (A5051/2021)

Arkein Capital Partners (Pty) Ltd v Gauteng Partnership Trust t/a Gauteng Partnership Fund and Others (A5051/2021) [2024] ZAGPJHC 631 (5 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A5051/2021

Judges

Maier-Frawley, Manoim, Allen

The appeal was dismissed due to Arkein's substantial and inadequately explained delay in prosecuting the appeal, compounded by multiple procedural failures. On the merits, the contract between GPF and Arkein was ultra vires and unlawful under the PFMA, as GPF lacked authority to enter into borrowing arrangements or ancillary contracts to procure funding without ministerial approval. The tender process was found to be irregular, lacking transparency and compliance with statutory and internal policies. Arkein's claim for payment under the contract was rejected, as the underlying agreement was v…

Source excerpt

• Ultra Vires Contracts
• Public Finance Management Act
• Self Review
• Just And Equitable Remedy
• State Tender Review
• Condonation Of Late Filing

Kunene-Msimanga and Others v Regional Tourism Organization of Southern Africa and Others (21046/2018)

Kunene-Msimanga and Others v Regional Tourism Organization of Southern Africa and Others (21046/2018) [2022] ZAGPJHC 366 (23 May 2022)

Court

South Gauteng High Court, Johannesburg

Case number

21046/2018

Judge

G Nel

The court dismissed applicants’ claims for severance payments under Separation Agreements, finding the agreements invalid for lack of authority and upholding misjoinder.

• Severance Packages
• Authority Of Agent
• Ultra Vires Contracts
• Specific Performance
• Misjoinder
• Conflict Of Interest

Lewis NO and Others v Cooper NO and Another, Lewis v Soundprops 236 (Pty) Ltd and Others (11292/08, 14889/08)

Lewis NO and Others v Cooper NO and Another, Lewis v Soundprops 236 (Pty) Ltd and Others (11292/08, 14889/08) [2009] ZAWCHC 51 (27 February 2009)

Court

Western Cape High Court, Cape Town

Case number

11292/08, 14889/08

Judge

P B Fourie

The court refused leave to appeal, finding the grounds of appeal inadequately framed, unsupported as to postponement, and raising no reasonable prospect of success.

• Leave To Appeal Requirements
• Ultra Vires Contracts
• Postponement Of Proceedings
• Interpretation Of Trust Deed
• Leave-to-appeal
• Civil-procedure

Standard Bank of South Africa Ltd v Koekemoer and Others (73/03)

Standard Bank of South Africa Ltd v Koekemoer and Others (73/03) [2004] ZASCA 44; 2004 (6) SA 498 (SCA) (27 May 2004)

Court

Supreme Court of Appeal

Case number

73/03

Judges

MPATI, MARAIS, MTHIYANE, CLOETE, JONES

The Supreme Court of Appeal held that a bank lending to a trust need not protect beneficiaries or investigate internal trust restrictions absent actual knowledge of a prohibition.

• Trust Deed Powers
• Mortgage Bond Enforcement
• Ultra Vires Contracts
• Beneficiary Protection
• Actual Knowledge Requirement
• Trust-deed-powers