Moloi N.O and Another v Premier of the Free State and Others (5556/2017) [2019] ZAFSHC 223 (26 November 2019)

Moloi N.O and Another v Premier of the Free State and Others (5556/2017) [2019] ZAFSHC 223 (26 November 2019)

The court found that the deceased, through his attorneys, communicated a clear and unequivocal notice of cancellation of the alleged agreement to the First Respondent. The letter dated 2 May 2015 explicitly cancelled the settlement agreement and demanded eviction and damages, demonstrating the deceased's election to terminate the agreement and pursue alternative remedies. There was no evidence that the agreement was revived after cancellation. As the cancellation was dispositive, it was unnecessary to adjudicate on the validity of the agreement, the authority of the HOD, or the effect of the Public Protector's ruling. The application was accordingly dismissed with costs.

Citation
[2019] ZAFSHC 223
Parties
Applicant: Mpho Sara Moloi N.O.; Applicant: Mpho Sarah Moloi; Respondent: Premier of the Free State; Respondent: MEC: Public Works & Infrastructure, Free State Province; Respondent: MEC for Health Free State; Respondent: Mangaung Metropolitan Municipality
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
26 November 2019
Case Number
5556/2017
Procedural Posture
Civil Application / Judgment
Outcome
Application dismissed with costs.
Judges
P.E. Molitsoane
Legal Topics
Sale of Land, Specific Performance, Cancellation of Contract, Authority of Public Officials
Land and Property Civil Procedure Sale of Land Specific Performance Cancellation of Contract Authority of Public Officials

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Parties

Mpho Sara Moloi N.O.

Applicant

Mpho Sarah Moloi

Applicant

Premier of the Free State

Respondent

MEC: Public Works & Infrastructure, Free State Province

Respondent

MEC for Health Free State

Respondent

Mangaung Metropolitan Municipality

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether a valid and binding agreement for the sale of Erf 1913 Botshabelo E Township existed between the deceased and the First Respondent.
  2. 2 Whether the alleged agreement was cancelled by the deceased.
  3. 3 Whether the cancellation of the agreement is dispositive of the application.

Ratio Decidendi

The court found that the deceased, through his attorneys, communicated a clear and unequivocal notice of cancellation of the alleged agreement to the First Respondent. The letter dated 2 May 2015 explicitly cancelled the settlement agreement and demanded eviction and damages, demonstrating the deceased's election to terminate the agreement and pursue alternative remedies. There was no evidence that the agreement was revived after cancellation. As the cancellation was dispositive, it was unnecessary to adjudicate on the validity of the agreement, the authority of the HOD, or the effect of the Public Protector's ruling. The application was accordingly dismissed with costs.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.