Slabbert N O & 3 Others v Ma-Afrika Hotels t/a Rivierbos Guest House (772/2021) [2022] ZASCA 152 (4 November 2022)

Slabbert N O & 3 Others v Ma-Afrika Hotels t/a Rivierbos Guest House (772/2021) [2022] ZASCA 152 (4 November 2022)

The Supreme Court of Appeal held that, even accepting the respondent's entitlement to remission of rent during periods when trading was prohibited by Covid-19 regulations, the respondent failed to pay rent due for October, November, and December 2020. The lease agreement expressly provided for rental to be paid in advance without deduction or setoff, and the right to cancel upon non-payment was clear and unambiguous. The obligations were not reciprocal, and the Trust was entitled to enforce the cancellation clause. The respondent remained in occupation and did not pay the required rent, thus breaching the agreement. The court found that the lease was validly cancelled and the Trust was...

Citation
[2022] ZASCA 152
Parties
Appellant: Roelof Louis Barry Slabbert N O; Appellant: Joritha Welman; Appellant: Dieter Schutte Lochner N O; Appellant: Helen Ruth Kroes N O; Respondent: Ma-Afrika Hotels (Pty) Ltd t/a Rivierbos Guest House
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
4 November 2022
Case Number
772/2021
Procedural Posture
Civil Appeal / Appeal From Western Cape Division of the High Court, Cape Town
Outcome
Appeal upheld with costs; cross-appeal upheld with costs; eviction order granted; determination of arrear rental remitted to high court.
Judges
Molemela, Makgoka, Gorven, Kgoele, Goosen
Legal Topics
Lease Agreement, Remission of Rent, Supervening Impossibility, Eviction, Pacta Sunt Servanda
Commercial and Corporate Land and Property Lease Agreement Remission of Rent Supervening Impossibility Eviction Pacta Sunt Servanda

Case Brief

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Parties

Roelof Louis Barry Slabbert N O

Appellant

Joritha Welman

Appellant

Dieter Schutte Lochner N O

Appellant

Helen Ruth Kroes N O

Appellant

Ma-Afrika Hotels (Pty) Ltd t/a Rivierbos Guest House

Respondent

Procedural Posture

Civil Appeal / Appeal From Western Cape Division of the High Court, Cape Town

Legal Issues

  1. 1 Whether the Trust was entitled to cancel the lease and evict the respondent for non-payment of rent during the Covid-19 lockdown periods.
  2. 2 Whether the respondent was entitled to remission of rent due to supervening impossibility caused by government regulations.
  3. 3 Whether the cancellation clause in the lease agreement was enforceable under the circumstances.

Ratio Decidendi

The Supreme Court of Appeal held that, even accepting the respondent's entitlement to remission of rent during periods when trading was prohibited by Covid-19 regulations, the respondent failed to pay rent due for October, November, and December 2020. The lease agreement expressly provided for rental to be paid in advance without deduction or setoff, and the right to cancel upon non-payment was clear and unambiguous. The obligations were not reciprocal, and the Trust was entitled to enforce the cancellation clause. The respondent remained in occupation and did not pay the required rent, thus breaching the agreement. The court found that the lease was validly cancelled and the Trust was...

Court Disposition

Appeal upheld with costs; cross-appeal upheld with costs; eviction order granted; determination of arrear rental remitted to high court.

Orders

  • The appeal is upheld with costs.
  • The order of the high court is set aside and replaced with an order for eviction of the respondent from the premises.