Last week in commercial law - an inexhaustive, mostly irreverent weekly summary of commercial(ish) judgments from South Africa (and sometimes abroad)

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July 16, 2026

Last week in commercial law

Plaintiff sues the Madibeng Local Municipality in the North West Division. Judge: “Jurisdiction?” Answer: “No”. But the Minister just said Madibeng is within the jurisdiction of North West Division! Not retrospective, sorry. Off to the Gauteng Division, Pretoria you go. 

Company makes several payments to the respondent after the company’s creditors applied for its winding-up. Company’s liquidators apply to set aside the payments. Respondent argues they were loan repayments from a third party, and the company was just a conduit. Western Cape Division: nice try but the SCA rejected the conduit argument a few months ago. But wait! The liquidators were finally appointed near the end of 2023 and applied to set aside the payments in 2024. They were finally appointed as liquidators of a related (and “intertwined”) company back in 2020. They probably knew about the payments to the respondent around then. Claim prescribed.

From the UK: War! What is it good for, not your insurance cover. A few years ago, the Gazprom-owned Nord Stream pipeline exploded. Nord Stream sues its insurer. Commercial Court holds that the war exclusion in the policy applies, so no cover. Come for a detailed interpretation of the war clause, stay for the discussion about how cross-examination of the claimant’s expert seems to have won the day.

And even more from the UK: the High Court hits the brakes (sorry) on the UK's biggest class action, dismissing allegations that some car manufacturers fitted cars with devices to cheat diesel emissions tests.

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