South Africa Case Law

Jurie Wynand Van Dyk t/a Van Dyks Property Brokers v M3T Developments (Pty) Ltd (1478/2023)

Jurie Wynand Van Dyk t/a Van Dyks Property Brokers v M3T Developments (Pty) Ltd (1478/2023) [2024] ZAWCHC 219 (23 August 2024)

Court

Western Cape High Court, Cape Town

Case number

1478/2023

Judge

P Farlam

The court found that the plaintiff did not act as a financial services provider within the meaning of the FAIS Act. His role was limited to introducing the defendant to potential financiers and did not involve furnishing advice or intermediary services in respect of a financial product as defined by the Act. The loan agreement facilitated was not a financial product under the FAIS Act, and the plaintiff did not provide recommendations or proposals of a financial nature regarding such a product. The exception based on the alleged contravention of the FAIS Act was therefore without merit. The v…

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• Financial Advisory And Intermediary Services Act
• Exception To Pleadings
• Void Contract
• Brokerage Agreement

South Africa Post Office SOC Limited v Koninklijke and Another (33460/2020)

South Africa Post Office SOC Limited v Koninklijke and Another (33460/2020) [2024] ZAGPPHC 111 (13 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

33460/2020

Judge

N V Khumalo

The High Court granted condonation, found SAPO’s procurement of 4 million folders unlawful, and set the decision aside, but preserved payment for folders delivered.

• Public Procurement
• Section 217 Constitution
• Supply Chain Management
• Void Contract
• Just And Equitable Remedy
• Public-procurement

Khutso Naketsi Communal Property Association v Khutso Naketsi Agri (Pty) Ltd and Others (Leave to Appeal) (61961/2022)

Khutso Naketsi Communal Property Association v Khutso Naketsi Agri (Pty) Ltd and Others (Leave to Appeal) (61961/2022) [2024] ZAGPPHC 27 (22 January 2024)

Court

North Gauteng High Court, Pretoria

Case number

61961/2022

Judge

K Strydom

Leave to appeal was refused where the court held the share transfer agreement was void for lack of authority and the lis pendens plea had no reasonable prospect of success.

• Communal Property Association Act
• Authority To Contract
• Void Contract
• Lis Pendens
• Motion Proceedings
• Communal-property-association

Weissensee v Stone-Bird Investments (PTY) Ltd and Others (2020/19821)

Weissensee v Stone-Bird Investments (PTY) Ltd and Others (2020/19821) [2022] ZAGPJHC 817; [2022] 4 All SA 905 (GJ) (17 October 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2020/19821

Judge

Moorcroft

The court found that the asset management agreement between the applicant and the first respondent was void ab initio because the first respondent was not licensed under section 7(1) of the FAIS Act. The respondents' counterclaim for rectification was dismissed as the rectified agreement would still not comply with the Act and remain void. The arbitration clause was also declared void, as it formed part of the void agreement and there was no dispute capable of referral to arbitration. The court held that the applicant was entitled to restitution of the €600,000 paid under the void agreement,…

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• Fais Act Compliance
• Void Contract
• Rectification
• Director Liability
• Arbitration Clause
• Restitution

Brits v Klopper and Another (24785/2021)

Brits v Klopper and Another (24785/2021) [2022] ZAGPPHC 728 (27 September 2022)

Court

North Gauteng High Court, Pretoria

Case number

24785/2021

Judge

Mazibuko

The High Court upheld lis alibi pendens in a dispute over a void agricultural land sale, declining substantive restitution relief and ordering each party to pay its own costs.

• Alienation Of Land Act
• Subdivision Of Agricultural Land Act
• Lis Alibi Pendens
• Void Contract
• Restitution
• Costs Order

Brits v Kommandantsdrift CC and Others (143/2021)

Brits v Kommandantsdrift CC and Others (143/2021) [2022] ZASCA 41 (5 April 2022)

Court

Supreme Court of Appeal

Case number

143/2021

Judges

Saldulker, Dlodlo, Hughes, Musi, Matojane

The Supreme Court of Appeal held that two land-sale contracts were void for common error, rejected prescription, and remitted unresolved rectification issues.

• Void Contract
• Common Error
• Prescription Act
• Rectification Of Title
• Unjust Enrichment
• Common-error

Maoba v Mohono and Others (286/2021)

Maoba v Mohono and Others (286/2021) [2022] ZAFSHC 73 (20 January 2022)

Court

Free State High Court, Bloemfontein

Case number

286/2021

Judge

Mzana AJ

The court found that the applicant failed to provide any written agreement or documentation authorising Mr Sekete to sell the property on behalf of the municipality. The purported sale did not comply with the formalities required by the Alienation of Land Act, rendering it void and unenforceable. The applicant did not purchase the property from the lawful owner and did not ensure registration of the deed of transfer in his name. Payment of rates and taxes does not confer ownership. Consequently, the applicant has no legal right to claim ownership or compel transfer of the property. The applic…

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• Alienation Of Land Act
• Formalities Of Sale Of Land
• Void Contract
• Transfer Of Property
• Title Deeds

Vallaro v Road Accident Fund (21562/18)

Vallaro v Road Accident Fund (21562/18) [2020] ZAGPJHC 140; 2021 (4) SA 302 (GJ) (17 June 2020)

Court

South Gauteng High Court, Johannesburg

Case number

21562/18

Judge

C E Thompson

The court held that the contingency fee agreement signed by the severely mentally disabled claimant was void ab initio due to his lack of contractual capacity. The curatrix ad litem, appointed after the agreement was signed, could not ratify the agreement because a void contract cannot be revived or validated by subsequent ratification. The legal foundation for contracts requires both parties to have capacity to contract, and where this is absent, no valid agreement comes into existence. The practice of curators ratifying such agreements is based on a misunderstanding of the law, which only a…

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• Contractual Capacity
• Void Contract
• Contingency Fee Agreement

Bha-Phalaborwa Municipality v Makwande Chartered Accountants and Business Advisors (3042/2019)

Bha-Phalaborwa Municipality v Makwande Chartered Accountants and Business Advisors (3042/2019) [2020] ZALMPPHC 28 (27 May 2020)

Court

Limpopo High Court, Polokwane

Case number

3042/2019

Judge

GC Muller

The court found that the respondent did not validly submit its bid in accordance with the municipality's supply chain management policy, as its name was not recorded in the register and the explanation for its inclusion was implausible. The oral amendment to the contract was concluded without council approval and public notice, in contravention of section 116 of the MFMA. Both the original contract and its oral amendment were declared void ab initio due to these statutory and procedural irregularities. The delay in bringing the collateral review was condoned in the public interest, as denying…

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• Municipal Supply Chain Management
• Collateral Review
• Void Contract
• Preferential Procurement Policy Framework Act
• Oral Amendment Of Contract
• Unlawful Administrative Action

Kenmore Equipment CC v Barnard and Another (45064/2018)

Kenmore Equipment CC v Barnard and Another (45064/2018) [2020] ZAGPJHC 130 (26 March 2020)

Court

South Gauteng High Court, Johannesburg

Case number

45064/2018

Judge

MA Wesley

A High Court refused to enforce a referee’s award against a deregistered close corporation and declined to impose personal liability on its members.

• Close Corporations Act
• Piercing Corporate Veil
• Personal Liability Of Members
• Void Contract
• Referee Award Enforcement
• Close-corporations-act