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South Africa decisions
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NTGR Engineering Projects CC v Bakubung Minerals (Pty) Ltd (1890/2021) [2025] ZANWHC 126 (25 July 2025)
The court dismissed special pleas based on arbitration and jurisdiction, holding the clause did not oust jurisdiction and the defendant had waived reliance on it.
Maluluka and Another v Gerber N.O and Others (2023/078290) [2025] ZAGPJHC 100 (9 February 2025)
The High Court granted leave to appeal against an eviction order, finding a reasonable prospect of a different outcome on a deposit-payment issue and a suspensive condition.
Cindi Family v Minister of Rural Development and Land Reform and Others (LCC 115/2008; LCC 026/2007) [2025] ZALCC 8 (4 February 2025)
The Land Claims Court held that the Cindi Family had not clearly settled its land claim or waived restoration rights, and dismissed the landlords’ Rule 30(6) application.
Gerber and Others v Maluleke and Others (2023/078290) [2025] ZAGPJHC 9 (15 January 2025)
The High Court granted leave to appeal against an eviction order, finding arguable prospects on payment to the transferring attorney and on a suspensive condition.
De Kock v Olivier (21144/2022) [2024] ZAWCHC 351 (6 November 2024)
The High Court partly allowed an amendment application in a building-contract dispute, but refused the core changes for lack of a factual basis.
Adam v Patels Petroleum Distributors (D640/2021) [2024] ZALCD 37 (14 October 2024)
The applicant failed to establish prospects of success in his claims. His claim under the Employment Equity Act was not competent as the alleged discrimination related to dismissal, which must be adjudicated under the Labour Relations Act. The Labour Court lacked jurisdiction to determine his claim for unfair dismissal based on conduct or capacity, as such disputes must be arbitrated by the CCMA. The applicant's claim for automatically unfair dismissal under section 187(1)(f) of the LRA could not succeed, as the respondent was entitled to retire him at any time after he reached the normal ret…
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Covec SA (Pty) Ltd v Afri-Devo (Pty) Ltd (34554/2018) [2024] ZAGPPHC 664 (10 July 2024)
The High Court refused Covec’s late trial-stage amendment of its replication, finding the proposed changes introduced new issues and would unfairly prejudice Afri-Devo.
Phoenix Salt Industries (Pty) Ltd v The Lubavitch Foundation of Southern Africa (330/2023) [2024] ZASCA 107 (3 July 2024)
The SCA held that a loan agreement’s non-variation clause did not bar an oral waiver, and dismissed an appeal over enforcement of repayment.
X.M Petse Incorporation/ Zilwa Attorneys v Nabile (CA57/2023) [2024] ZAECMHC 42 (30 May 2024)
The court held that part-payment of an attorney's bill by the client does not amount to acquiescence or waiver of the right to dispute the bill, especially where the client has expressly demanded taxation and refused to pay the balance. The magistrate correctly found that the respondent's conduct was consistent with enforcing his right to taxation and not with an unequivocal acknowledgment of liability for the full amount. Section 80(4) of the Magistrates' Courts Act is peremptory: once taxation is demanded, the action must be stayed pending taxation. The magistrate did not misdirect himself…
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New Salt Rock City (Pty) Ltd and Others v Kilken Platinum (Pty) Ltd and Others (2022-018387) [2024] ZAGPPHC 494 (28 May 2024)
The applicants' claim for delivery and transfer of a helicopter and shares under the settlement agreement fails on three grounds. First, the parties' obligations were reciprocal, and the applicants breached their obligation to cease litigation, entitling the respondents to withhold performance. Second, the applicants elected to cancel the agreement, and such election is binding, precluding enforcement of its terms. Third, cancellation of the settlement agreement extinguished all obligations arising from it, making enforcement impossible. The applicants' attempt to introduce new matters in rep…
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