High Court of South Africa Eastern Cape, Port Elizabeth - 2025 May

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5 judgments

Citation	Judgment date
May 2025
African Heights (Pty) Ltd v Coega Development Corporation and Others (3466/2022) [2025] ZAECPEHC 12 (13 May 2025) Court dismisses exception: interpretation of cession clause requires evidence, so claim is not excipiable. Exception — particulars of claim — whether pleading discloses cause of action; contractual interpretation — cession agreement and clause requiring prior failure to recover; Endumeni principles — context and attendant circumstances; role of evidence — interpretation not generally resolvable on exception.	13 May 2025
Ungerer v Ferreira and Others (4475/2024) [2025] ZAECPEHC 11 (7 May 2025) Quasi‑partnership and oppressive exclusion: s 163 relief granted including access to records, repayment/credit of diverted funds and sale mechanism. Company law – s 163 Companies Act – oppression/unfair prejudice remedy – quasi-partnership characteristics; informal management expectations; exclusion from banking and communications; diversion of business to related entity; remedy includes access to records, repayment/credit of diverted funds, and court-ordered exit mechanism; costs awarded.	7 May 2025
Lobishe v Member of the Executive Council, Department of Health, Eastern Cape (3130/2019) [2025] ZAECPEHC 10 (6 May 2025) Defendant liable for negligent thoracic spinal surgery: grossly misplaced pedicle screws caused plaintiff's permanent paralysis. • Medical negligence – spinal surgery – misplaced pedicle screws through spinal canal causing cord injury – negligence versus complication. • Causation – application of the 'but‑for' test on a balance of probabilities to establish factual causation for permanent paralysis. • Standards of care – use of biplanar (C‑arm) imaging, standard pedicle screw placement technique and immediate post‑operative neurological assessment. • Expert evidence – joint expert minute and unchallenged neurosurgical opinion establishing negligence and causation. • Costs – plaintiff awarded costs on scale B, including expert reservation/qualifying fees and counsel, interest from 30 days after allocatur; taxing master's role preserved for quantification.	6 May 2025
Minerva Bunkering Marine Services (Pty) Ltd v Acting Chief Executive Officer of South African Maritime Safety Authority and Others (3683/2022) [2025] ZAECPEHC 8 (2 May 2025) SAMSA unlawfully withdrew a longstanding ship‑to‑ship bunkering approval; the MPA did not empower unilateral revocation. Administrative law – PAJA – review of administrative action – empowering provision required; Statutory interpretation – Marine Pollution (Control and Civil Liability) Act – no implied power to revoke long‑term approvals; Regulatory competence – SAMSA and TNPA roles in ship‑to‑ship bunkering and cargo transfers; Adequacy of reasons – requirement to provide rational, adequate reasons for adverse administrative action; Remedy – review and setting aside of unlawful withdrawal and contravention notices, reinstatement of approval, costs.	2 May 2025
Stargrow Fruit Marketing (Pty) Ltd v Gamtoosvalley Farming (Pty) Ltd (1486/2025; 1487/2025) [2025] ZAECPEHC 9 (2 May 2025) Whether a principal lawfully revoked an agent’s marketing authority and whether any new marketing agreement was concluded. Agency – revocation of authority – interpretation of exception to revocation; Endumeni approach to contractual interpretation; mandatum in rem suam – authority coupled with interest; remedy for wrongful revocation limited to damages; no specific performance where no clear right.	2 May 2025