Totalgaz Southern Africa (Pty) Ltd v Rhyder Investments CC t/a DTB Sales and Another

The applicant, Totalgaz Southern Africa (Pty) Ltd, owns orange LPG gas cylinders branded “Total Energies/Total”. It had a dealer agreement with the first respondent, Rhyder Investments CC t/a DTB Sales, which terminated on 3 June 2023. After termination, the first respondent remained in possession of a number of the applicant’s cylinders. The applicant, relying on an investigation report, alleged that the respondents unlawfully possessed, filled, distributed and sold its cylinders without consent, in contravention of the Pressure Equipment Regulations under the Occupational Health and Safety Act 85 of 1993. The applicant obtained interim interdictory relief ex parte, including restraining possession and ordering surrender of cylinders. The respondents opposed confirmation of the rule nisi, contending that possession arose lawfully under an industry-wide cylinder exchange arrangement and contractual deposit system, and that only one isolated incident of unlawful filling occurred contrary to instructions.

The interim orders restraining possession and related relief (paragraphs 1.1, 1.4 and 1.5 of the rule nisi) were discharged. The interim order restraining the filling, distribution or sale of the applicant’s cylinders without consent (paragraph 1.2 of the rule nisi) was confirmed. No order as to costs was made.

The case clarifies the legal status of industry standard cylinder exchange arrangements in the LPG industry, recognising them as binding contractual practices that must be exhausted before court intervention. It also reinforces the peremptory nature of the Pressure Equipment Regulations and SANS standards, confirming that filling or distributing gas cylinders without the owner’s written consent is unlawful. The judgment is significant for balancing contractual industry practices with strict statutory safety compliance.