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South Africa Case Law

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Constitutional law

David Wilkinson v Georgina Elizabeth Crawford N.O

The Trust Deed, properly interpreted in context, excludes adopted children. That exclusion differentiates on the basis of birth or adoptive status and constitutes unfair discrimination, which is contrary to public policy and therefore unenforceable. The words in issue must accordingly be treated as pro non scripto so that the applicants’ adopted children qualify as capital beneficiaries.

Source excerpt

  • Interpretation of trust deed
  • Freedom of testation
  • Unfair discrimination against adopted children
  • Public policy
  • Section 13 of the trust property control act
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Constitutional law

Paulsen and Another v Slip Knot Investments 777 (Pty) Limited

The Court granted leave to appeal, held that Slip Knot was not invalidly unregistered because the National Credit Act registration requirement does not extend to credit providers whose agreements fall outside the Act’s scope, overruled Oneanate on the basis that the in duplum rule continues to apply during litigation, and confirmed that post-judgment interest runs from the date of this Court’s judgment at the contractual rate, subject to the capped amounts reflected in the order.

Source excerpt

  • Jurisdiction under section 167(3)(b)(ii) of the constitution
  • National credit act 34 of 2005
  • Registration of credit providers
  • Invalidity of credit agreements
  • In duplum rule
  • Common law development
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Constitutional law

Maphango and Others v Aengus Lifestyle Properties (Pty) Ltd (Inner City Resources Centre as Amicus Curiae)

The majority held that the Rental Housing Act applies to the dispute and that the termination of the leases, even if contractually permitted, was capable of constituting an unfair practice. Because the tenants had invoked the Act and had not abandoned that reliance, the Tribunal was the proper forum to determine whether the terminations were unfair and what relief should follow. The appeal was therefore postponed so the parties could approach the Tribunal, with final determination held over pending that process.

Source excerpt

  • Eviction
  • Lease termination
  • Unfair practice under rental housing act
  • Security of tenure
  • Public policy
  • Tribunal jurisdiction
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Constitutional law

Barkhuizen v Napier

The Court held that contractual time limitation clauses can be valid, but they are unenforceable if, on the facts, they are contrary to public policy because they do not afford a real and fair opportunity to seek judicial redress. On the stated facts, however, the applicant did not provide any reason for non-compliance with the 90-day clause, so the Court could not conclude that enforcement would be unfair; the special plea was therefore upheld and the appeal dismissed.

Source excerpt

  • Right of access to court
  • Public policy
  • Time limitation clause
  • Standard form contracts
  • Pacta sunt servanda
  • Constitutional challenge to contractual terms
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.