Dimension Data (Pty) Ltd v Minister of International Relations and Cooperation (99014/2015) [2017] ZAGPPHC 190 (22 May 2017)

Dimension Data (Pty) Ltd v Minister of International Relations and Cooperation (99014/2015) [2017] ZAGPPHC 190 (22 May 2017)

The court held that clause 5 of the agreement expressly permitted extension by mutual agreement and did not prescribe any formality for such extension. Clause 23, the non-variation clause, applied only to amendments at variance with the agreement, not to extensions contemplated by clause 5. Therefore, the extension pleaded by Dimension Data did not offend the non-variation clause and was not unenforceable for lack of written formality. Regarding the complaints of vagueness and embarrassment, the court found that claims 'A' and 'B' were sufficiently pleaded, as the services and fees related to the agreement and the department had made part-payments. However, claim 'C' lacked sufficient...

Citation
[2017] ZAGPPHC 190
Parties
Plaintiff: Dimension Data (Pty) Ltd; Defendant: Minister of International Relations and Cooperation
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
22 May 2017
Case Number
99014/2015
Procedural Posture
Exception Application / Exception to Amended Particulars of Claim
Outcome
Exception dismissed in respect of clause 23 and claims 'A' and 'B'; exception upheld in respect of claim 'C'. Costs apportioned two-thirds in favour of the plaintiff.
Judges
TM Makgoka
Legal Topics
Contractual Variation, Non Variation Clause, Service Level Agreement, Vague and Embarrassing Pleading
Commercial and Corporate Civil Procedure Contractual Variation Non Variation Clause Service Level Agreement Vague and Embarrassing Pleading

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Parties

Dimension Data (Pty) Ltd

Plaintiff

Minister of International Relations and Cooperation

Defendant

Procedural Posture

Exception Application / Exception to Amended Particulars of Claim

Legal Issues

  1. 1 Whether the extension of the service level agreement constituted an amendment requiring compliance with the non-variation clause.
  2. 2 Whether the amended particulars of claim are vague and embarrassing or lack averments necessary to sustain a cause of action.

Ratio Decidendi

The court held that clause 5 of the agreement expressly permitted extension by mutual agreement and did not prescribe any formality for such extension. Clause 23, the non-variation clause, applied only to amendments at variance with the agreement, not to extensions contemplated by clause 5. Therefore, the extension pleaded by Dimension Data did not offend the non-variation clause and was not unenforceable for lack of written formality. Regarding the complaints of vagueness and embarrassment, the court found that claims 'A' and 'B' were sufficiently pleaded, as the services and fees related to the agreement and the department had made part-payments. However, claim 'C' lacked sufficient...

Court Disposition

Exception dismissed in respect of clause 23 and claims 'A' and 'B'; exception upheld in respect of claim 'C'. Costs apportioned two-thirds in favour of the plaintiff.

Orders

  • The defendant's exception that the plaintiff's particulars of claim lack the averments necessary to sustain a cause of action based on clause 23 of the service level agreement is dismissed.
  • The defendant's exception in respect of claims 'A' and 'B' of the plaintiff's particulars of claim is dismissed.