Roka Media (Pty) Ltd v Kunene Makopo Risk Solutions (Pty) Ltd (55741/21) [2024] ZAGPJHC 1247 (5 December 2024)

Roka Media (Pty) Ltd v Kunene Makopo Risk Solutions (Pty) Ltd (55741/21) [2024] ZAGPJHC 1247 (5 December 2024)

The court found that Irays Solutions’ involvement did not constitute a material breach of the SLA, as KMRS was aware of and did not object to the arrangement prior to and after the contract’s conclusion. Roka Media substantially performed its obligations under the SLA and its annexures, with the only outstanding tasks dependent on KMRS providing the required infrastructure and SSL certificate, which KMRS failed to do. The termination of the SLA by KMRS was valid under the no-fault clause, and Roka was entitled to payment for completed services up to the termination date. The court held that placing KMRS in mora was unnecessary due to the contract’s fixed performance dates. Regarding the...

Citation
[2024] ZAGPJHC 1247
Parties
Plaintiff: Roka Media (Pty) Ltd; Defendant: Kunene Makopo Risk Solutions (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
5 December 2024
Case Number
55741/21
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Claim A succeeds; Claim B is dismissed. Costs awarded to the plaintiff.
Judges
Windell
Legal Topics
Breach of Contract, Service Level Agreement, Remuneration Claim, Termination Clause, Oral Agreement, Mora Ex Re
Commercial and Corporate Civil Procedure Breach of Contract Service Level Agreement Remuneration Claim Termination Clause Oral Agreement Mora Ex Re

Case Brief

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Parties

Roka Media (Pty) Ltd

Plaintiff

Kunene Makopo Risk Solutions (Pty) Ltd

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Did the involvement of Irays Solutions constitute a material breach of the SLA?
  2. 2 Did Roka Media perform and meet its obligations under the SLA and its annexures, including the termination notice?
  3. 3 Did KMRS perform its obligations under the SLA and its annexures?

Ratio Decidendi

The court found that Irays Solutions’ involvement did not constitute a material breach of the SLA, as KMRS was aware of and did not object to the arrangement prior to and after the contract’s conclusion. Roka Media substantially performed its obligations under the SLA and its annexures, with the only outstanding tasks dependent on KMRS providing the required infrastructure and SSL certificate, which KMRS failed to do. The termination of the SLA by KMRS was valid under the no-fault clause, and Roka was entitled to payment for completed services up to the termination date. The court held that placing KMRS in mora was unnecessary due to the contract’s fixed performance dates. Regarding the...

Court Disposition

Claim A succeeds; Claim B is dismissed. Costs awarded to the plaintiff.

Orders

  • The defendant is ordered to pay the plaintiff R286,386.81.
  • Interest at 7% per annum on the capital amount from 14 days after judgment until final payment.