South Africa Case Law

Johnson v Johnson and Others (16626/2023)

Johnson v Johnson and Others (16626/2023) [2025] ZAWCHC 54 (19 February 2025)

Court

Western Cape High Court, Cape Town

Case number

16626/2023

Judge

P D Andrews

The court found, on a balance of probabilities, that the deceased did not possess the requisite testamentary capacity to execute either the 2015 or 2016 Will. Expert medical evidence, including a MOCA score of 13/30 and psychiatric assessments, established significant cognitive impairment due to moderately advanced dementia. The evidence of Ms Johnson and the unchallenged expert reports corroborated the deceased's inability to appreciate the nature and effect of her actions, recall her assets, or identify her heirs. The suspicious circumstances surrounding the execution of both Wills and the…

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• Testamentary Capacity
• Wills Act
• Executor Removal
• Intestate Succession
• Property Transfer Setting Aside
• Undue Influence

Britt and Others v Gil N.O and Others (21865/2022)

Britt and Others v Gil N.O and Others (21865/2022) [2024] ZAGPJHC 1096 (28 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

21865/2022

Judge

Fisher

High Court removed an executor for conflict of interest and breakdown of trust in administering a deceased estate, and dismissed his counter-application.

• Removal Of Executor
• Conflict Of Interest
• Administration Of Estates Act
• Wills Act
• Undue Influence
• Estate Administration

Democratic Alliance v Ramaphosa and Others (0027/2024EC)

Democratic Alliance v Ramaphosa and Others (0027/2024EC) [2024] ZAEC 24 (21 October 2024)

Court

Electoral Court

Case number

0027/2024EC

Judges

Zondi, Adams, Yacoob

The Court held that the President's address did not contravene item 9(2)(e) of the Electoral Code or section 87(1)(g) of the Electoral Act. The address, viewed objectively, was intended to inform the nation about election readiness and encourage democratic participation, not to campaign for the ANC or influence voters unlawfully. The Court found that a restrictive interpretation of the Code and Act, as urged by the DA, would unduly inhibit the President's constitutional obligations and citizens' rights to receive information. The President did not misuse public funds or abuse his position to…

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• Electoral Code Of Conduct
• Abuse Of Power
• Undue Influence
• Presidential Powers
• Free And Fair Elections

De Klerk and Others v Opperman (29052/2018)

De Klerk and Others v Opperman (29052/2018) [2024] ZAGPJHC 1008 (7 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

29052/2018

Judge

Mahomed

Leave to appeal was dismissed in a wills dispute, with the court upholding findings on testamentary capacity, expert evidence, and hearsay admissibility.

• Testamentary Capacity
• Leave To Appeal Standard
• Expert Evidence
• Hearsay Evidence
• Undue Influence
• Costs Order

Van Zyl v Humansdorp Co-Operative Ltd and Another (537/2023)

Van Zyl v Humansdorp Co-Operative Ltd and Another (537/2023) [2024] ZAECMKHC 88 (13 August 2024)

Court

Eastern Cape High Court, Makhanda

Case number

537/2023

Judge

Govindjee

The High Court dismissed a challenge to an acknowledgement of debt signed at a s 65A enquiry, finding no misrepresentation or undue influence.

• Misjoinder
• Acknowledgement Of Debt
• Undue Influence
• Misrepresentation
• Suretyship
• Magistrates Court Act Section 65a

Uni-Span Formwork and Scaffolding (Pty) Ltd v SVK Holdings (Pty) Ltd and Another (Leave to Appeal) (26270/2021)

Uni-Span Formwork and Scaffolding (Pty) Ltd v SVK Holdings (Pty) Ltd and Another (Leave to Appeal) (26270/2021) [2024] ZAGPPHC 36 (26 January 2024)

Court

North Gauteng High Court, Pretoria

Case number

26270/2021

Judge

N Davis

The court found that none of the grounds advanced by SVK and Mr Van der Merwe had merit. The lis pendens argument failed because the settlement agreement disposed of the original dispute, and no withdrawal of the initial application was required. The allegation of undue influence was rejected, as the agreement was entered into with legal advice and without coercion. The Shabangu judgment was distinguishable, as there was no finding of invalidity in the original contract. The status argument regarding the liquidators' consent was not raised in the initial proceedings and involved factual matte…

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• Enforcement Of Settlement Agreement
• Leave To Appeal
• Lis Pendens
• Undue Influence
• Liquidation Proceedings

Uni-Span Formwork and Scaffolding (Pty) Ltd v SVK Holdings (Pty) Ltd and Others (26270/2021)

Uni-Span Formwork and Scaffolding (Pty) Ltd v SVK Holdings (Pty) Ltd and Others (26270/2021) [2023] ZAGPPHC 1902 (20 September 2023)

Court

North Gauteng High Court, Pretoria

Case number

26270/2021

Judge

Davis

The High Court enforced a written settlement agreement, rejecting allegations of undue influence and lis pendens, and ordered payment with costs.

• Settlement Agreement
• Compromise
• Undue Influence
• Enforcement Of Contract
• Attorney And Client Costs
• Settlement-agreement

Solomon v Solomon and Another (17909/2022)

Solomon v Solomon and Another (17909/2022) [2023] ZAWCHC 182 (20 July 2023)

Court

Western Cape High Court, Cape Town

Case number

17909/2022

Judge

K Hofmeyr

The court found that the will dated 20 May 2020 was drafted and executed by the deceased, Percival Fairhurst Solomon, and was intended by him to be his last will and testament. The applicant failed to raise any genuine dispute of fact regarding the execution or intention behind the will. The first respondent and his wife had no prior knowledge of the deceased's intention to change his will, and their involvement was limited to witnessing the document at the deceased's request. The applicant's arguments regarding the timing of Mr Pillay's signature did not establish fraud or undue influence. T…

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• Wills Act Formalities
• Intestate Succession
• Disqualification Of Beneficiaries
• Undue Influence
• Declaratory Relief

Kosani v Buffalo City Metropolitan Municipality and Others (EL2227/2022)

Kosani v Buffalo City Metropolitan Municipality and Others (EL2227/2022) [2023] ZAECELLC 12 (14 March 2023)

Court

Eastern Cape High Court, East London Local Court

Case number

EL2227/2022

Judge

S M Mbenenge

The court referred an application for oral evidence over whether the applicant was unduly influenced into consenting to discharge a rule nisi protecting him.

• Rescission Of Order
• Undue Influence
• Interim Relief
• Security Protection
• Consent Order
• Rescission-of-order

Moeketsi and Another v Hageman N.O and Others (3767/18)

Moeketsi and Another v Hageman N.O and Others (3767/18) [2022] ZAGPJHC 718 (20 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

3767/18

Judge

Dlamini

The High Court dismissed a challenge to a 2013 will, finding it was duly signed in the presence of two witnesses and that the plaintiff failed to prove invalidity.

• Wills Act Compliance
• Testamentary Capacity
• Undue Influence
• Intestate Succession
• Wills-act-compliance
• Will-validity