South Africa Case Law

Bidvest Bank Ltd v Wellsted (2023/109082)

Bidvest Bank Ltd v Wellsted (2023/109082) [2025] ZAGPJHC 618 (25 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/109082

Judge

ML Senyatsi

The court found that both guarantees executed by the respondent contain express terms stating that each is in addition to, and not in substitution for, any other security. The amendment letter increasing the facility and requiring a new guarantee did not expressly state that the R7 million guarantee replaced the R4 million guarantee. Clause 18.2 of both guarantees requires any variation or cancellation to be in writing and signed by both parties, which did not occur. The respondent's reliance on alleged oral representations and his subjective understanding is insufficient to override the clea…

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• Guarantee Liability
• Contract Interpretation
• Variation Of Contract
• Business Rescue

Spar Group Limited and Others v Twelve Gods Supermarket (Pty) Ltd and Others (1100/2022)

Spar Group Limited and Others v Twelve Gods Supermarket (Pty) Ltd and Others (1100/2022) [2025] ZASCA 7; 2025 (3) SA 137 (SCA) (30 January 2025)

Court

Supreme Court of Appeal

Case number

1100/2022

Judges

Mabindla-Boqwana, Kgoele, Baartman, Dolamo, Masipa

The Supreme Court of Appeal held that the credit facilities agreement between SPAR and the Giannacopoulos Group constituted an ongoing contractual relationship, not a series of discrete offers. The discretion to vary credit terms under clause 5 was subject to the arbitrio boni viri standard, requiring SPAR to act reasonably, honestly, and for a legitimate purpose. The evidence showed that SPAR's reasons for altering the credit and drop shipment terms—alleged financial instability and compliance issues—were not substantiated and did not justify the changes. The timing and nature of the alterat…

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• Contractual Discretion
• Arbitrio Boni Viri
• Variation Of Contract
• Credit Facilities
• Good Faith
• Termination Of Membership

Devenco Investments 21 (Pty) Ltd v White Hall Trading and Projects 64 CC and Another (HCA64/2023)

Devenco Investments 21 (Pty) Ltd v White Hall Trading and Projects 64 CC and Another (HCA64/2023) [2024] ZALMPPHC 70 (22 July 2024)

Court

Limpopo High Court, Polokwane

Case number

HCA64/2023

Judges

Deane, Kganyago

The High Court dismissed an appeal over disputed lease terms, finding the relied-on agreement had been unilaterally amended and did not bind the respondents.

• Lease Agreement Dispute
• Variation Of Contract
• Suretyship
• Consensus Ad Idem
• Condonation
• Attorney And Client Costs

Smart Civils Construction (Pty) Ltd and Another v Francis Transport and Plant Hire CC (A2023-051064)

Smart Civils Construction (Pty) Ltd and Another v Francis Transport and Plant Hire CC (A2023-051064) [2024] ZAGPJHC 394 (19 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A2023-051064

Judges

DN Unterhalter, L Windell, T Siwendu

The High Court held that the subcontract was validly ceded to Smart, dismissed Radon’s liability, rejected the restricted-works claim, and limited additional P&G’s to R120,000.

• Joint Venture Liability
• Cession And Assignment
• Jbcc Agreement
• Variation Of Contract
• Quantification Of Claims
• Cession-and-assignment

Keystone Development (Pty) Limited v van der Merwe N.O and Others (098502/2023)

Keystone Development (Pty) Limited v van der Merwe N.O and Others (098502/2023) [2024] ZAGPPHC 104 (13 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

098502/2023

Judge

Retief

Urgent interim interdict granted over phase 2 of a property development dispute; phase 5 relief failed, and each party was ordered to pay its own costs.

• Interim Interdict
• Option To Purchase
• Variation Of Contract
• Alienation Of Land Act
• Prima Facie Right
• Settlement Agreement

Business Venture Investments (Pty) Ltd v Menlyn Moz (Pty) Ltd (018914/2023)

Business Venture Investments (Pty) Ltd v Menlyn Moz (Pty) Ltd (018914/2023) [2024] ZAGPPHC 8 (15 January 2024)

Court

North Gauteng High Court, Pretoria

Case number

018914/2023

Judge

Ntlama-Makhanya

Summary judgment was granted for unpaid commercial rent, with the court rejecting a claimed tacit waiver or reduced-rent variation and upholding eviction and costs.

• Lease Agreement Breach
• Suretyship Enforcement
• Summary Judgment Rule 32
• Variation Of Contract
• Covid 19 Commercial Impact
• Summary-judgment

3030 Motorbike School CC v Gauteng Department of Community Safety and Another (17608/2015)

3030 Motorbike School CC v Gauteng Department of Community Safety and Another (17608/2015) [2023] ZAGPJHC 1439 (1 December 2023)

Court

South Gauteng High Court, Johannesburg

Case number

17608/2015

Judge

Francis

The High Court dismissed an application for leave to appeal, finding no reasonable prospects of success and no written amendment to the purchase order.

• Leave To Appeal
• Variation Of Contract
• Purchase Order
• Prospects Of Success
• Leave-to-appeal
• Purchase-order

R.P.C v L.G.Y (A5075/2022)

R.P.C v L.G.Y (A5075/2022) [2023] ZAGPJHC 1256 (2 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A5075/2022

Judges

Fisher, Yacoob, Mdalana-Mayisela

High Court appeal over maintenance and school-fee obligations in a divorce settlement was dismissed. The court held the agreement was not varied and private school fees remained payable.

• Divorce Settlement Agreement
• Variation Of Contract
• Maintenance Enforcement
• Shifren Clause
• Divorce-settlement-agreement
• Maintenance-enforcement

Smolly N.O and Others v 4F Fashion (Pty) Limited t/a 4F Fashion and Another (2022/062550)

Smolly N.O and Others v 4F Fashion (Pty) Limited t/a 4F Fashion and Another (2022/062550) [2023] ZAGPJHC 1139 (9 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/062550

Judge

W G La Grange

Summary judgment was granted for unpaid rental under a commercial lease. The court rejected defences based on oral variation, the NCA, the CPA, and procedural objections.

• Lease Agreement
• Summary Judgment
• Suretyship
• Consumer Protection Act
• National Credit Act
• Variation Of Contract

Fast Motion Trade and Investment (Pty) Ltd v Avon Justine (Pty) Ltd (21158/2019)

Fast Motion Trade and Investment (Pty) Ltd v Avon Justine (Pty) Ltd (21158/2019) [2023] ZAGPJHC 540 (22 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

21158/2019

Judge

Mahon

High Court lease dispute over reinstatement obligations and damages. The court rejected a claimed variation by email and awarded reinstatement and rental losses.

• Lease Agreement Breach
• Damages Quantification
• Variation Of Contract
• Reinstatement Obligations
• Loss Of Rental
• Expert Evidence