South Africa Case Law

Tower Property Fund (Pty) Ltd v Liguria Ristorante (Pty) Limited (Reasons) (2025/004067)

Tower Property Fund (Pty) Ltd v Liguria Ristorante (Pty) Limited (Reasons) (2025/004067) [2025] ZAWCHC 101 (10 March 2025)

Court

Western Cape High Court, Cape Town

Case number

2025/004067

Judge

N Mangcu-Lockwood

The court found that the lease agreement between the parties expired on 30 April 2024 and no renewal agreement was concluded prior to expiry. The renewal clause (clause 37.1) amounted to an agreement to agree, lacking a deadlock-breaking mechanism or consensus on material terms such as rental. South African law, as confirmed by the Supreme Court of Appeal, does not enforce agreements to agree in the absence of a deadlock-breaking mechanism. The respondent's continued occupation was on a month-to-month basis, and the applicant was entitled to terminate and seek eviction. The urgency was justif…

Source excerpt

• Eviction Of Commercial Tenant
• Lease Renewal Option
• Agreement To Agree
• Urgent Application
• Deadlock Breaking Mechanism

Mthembu v Mpungose and Another (16011/2022P)

Mthembu v Mpungose and Another (16011/2022P) [2024] ZAKZPHC 31 (28 March 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

16011/2022P

Judge

E Bezuidenhout

The High Court dismissed a land-transfer application, finding the alleged sale was an unenforceable agreement to agree and that a necessary party had not been joined.

• Alienation Of Land Act
• Agreement To Agree
• Non Joinder
• Referral To Oral Evidence
• Title Deed Return
• Alienation-of-land-act

Bon Com (Pty) Ltd and Another v Services Sector For Education Training and Authority and Others (2021/13157)

Bon Com (Pty) Ltd and Another v Services Sector For Education Training and Authority and Others (2021/13157) [2023] ZAGPJHC 1156 (13 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2021/13157

Judge

G Farber

The High Court upheld an exception to particulars of claim arising from alleged agreements to agree, finding no pleaded delict, legitimate expectation, or basis to develop the common law.

• Agreement To Agree
• Negligent Misrepresentation
• Legitimate Expectation
• Development Of Common Law
• Agreement-to-agree
• Negligent-misrepresentation

Hamsa Consulting Engineers (Pty) Ltd v Sigodi Marah Martin Management Support (Pty) Ltd (32290/2020)

Hamsa Consulting Engineers (Pty) Ltd v Sigodi Marah Martin Management Support (Pty) Ltd (32290/2020) [2023] ZAGPPHC 759 (29 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

32290/2020

Judge

Millar

The High Court held that a written engineering-services agreement was binding and enforceable, rejecting vagueness and agreement-to-agree defences.

• Contractual Liability
• Locatio Conductio Operis
• Agreement To Agree
• Vagueness In Contracts
• Reciprocal Obligations
• Contract-law

Department Of Roads And Public Works: Northern Cape and Others v Samex Consulting (Pty) Ltd (2101/2021)

Department Of Roads And Public Works: Northern Cape and Others v Samex Consulting (Pty) Ltd (2101/2021) [2023] ZANCHC 15 (31 March 2023)

Court

Northern Cape High Court, Kimberley

Case number

2101/2021

Judge

Phatshoane

The court granted leave to appeal in a dispute over whether a consent order and settlement arrangement were enforceable or too uncertain to bind the parties.

• Enforceability Of Settlement Agreements
• Agreement To Agree
• Dispute Resolution Mechanisms
• Consent Orders
• Agreement-to-agree
• Settlement-agreements

Seale and Others v Minister of Public Works and Others (899/2019)

Seale and Others v Minister of Public Works and Others (899/2019) [2020] ZASCA 130 (15 October 2020)

Court

Supreme Court of Appeal

Case number

899/2019

Judges

Ponnan, Zondi, Dambuza, Van der Merwe, Weiner

Clause K and the notarial contract did not create enforceable rights to registration of praedial servitudes, as they failed to identify a dominant tenement and amounted to an unenforceable agreement to agree, lacking a deadlock-breaking mechanism. The title deed provisions merely echoed the unenforceable clause K. The evidence did not establish acquisitive prescription, as there was insufficient proof of continuous use of the foreshore as if of right for 30 years prior to 1971. The second appellant, Ontspan Beleggings, is clothed with a registered praedial servitude of access to the Dam over…

Source excerpt

• Servitude Registration
• Acquisitive Prescription
• Agreement To Agree
• Deadlock Breaking Mechanism
• Praedial Servitude
• Title Deed Interpretation

Shepherd Real Estate Investments (Pty) Ltd v Roux Le Roux Motors CC (1318/2018)

Shepherd Real Estate Investments (Pty) Ltd v Roux Le Roux Motors CC (1318/2018) [2019] ZASCA 178; 2020 (2) SA 419 (SCA) (2 December 2019)

Court

Supreme Court of Appeal

Case number

1318/2018

Judges

Ponnan, Leach, Nicholls, Weiner, Dolamo

The Supreme Court of Appeal held that the renewal clause in the lease agreement, which required the rental and costs to be mutually agreed upon in writing when the right of renewal was exercised, amounted to an agreement to agree and was void for vagueness. The arbitration clause did not serve as a deadlock-breaking mechanism for determining essential terms of a prospective contract, as it only applied to disputes regarding the interpretation and implementation of the existing agreement, not the creation of new terms. The respondent's rectification defence failed because there was no common m…

Source excerpt

• Lease Renewal
• Void For Vagueness
• Agreement To Agree
• Rectification
• Tacit Terms

Bencherki v Ericsson Sub Saharan Africa (Pty) Ltd (12002/2016)

Bencherki v Ericsson Sub Saharan Africa (Pty) Ltd (12002/2016) [2017] ZAGPJHC 115 (31 March 2017)

Court

South Gauteng High Court, Johannesburg

Case number

12002/2016

Judge

Mashile

The High Court upheld exceptions to a particulars of claim that was found vague, embarrassing, and non-compliant with Rule 18, striking it out but allowing amendment.

• Pleading Requirements
• Vagueness And Embarrassment
• Agreement To Agree
• Cause Of Action
• Rule 18 Uniform Rules
• Contractual Certainty

Loggenberg NO and Others v Maree and Others (2801/2016)

Loggenberg NO and Others v Maree and Others (2801/2016) [2016] ZAFSHC 205 (23 December 2016)

Court

Free State High Court, Bloemfontein

Case number

2801/2016

Judge

JP Daffue

The court held that the oral agreement relied upon by the applicants for the transfer of the Weltevreden farms was void for non-compliance with section 2(1) of the Alienation of Land Act, which requires such agreements to be in writing and signed by the parties. The particulars of claim did not disclose a cause of action, as the essential terms of the alleged agreement, including the purchase price and financing arrangements, were either undefined or incapable of determination. The court further found that South African law does not recognise an agreement to negotiate a further agreement unle…

Source excerpt

• Formalities In Respect Of Sale Of Land
• Agreement To Agree
• Pactum De Contrahendo
• Vagueness In Contract
• Exception Procedure

Coppermoon Trading 13 (Pty) Ltd v Government of the Province of the Eastern Cape and Another (451/09)

Coppermoon Trading 13 (Pty) Ltd v Government of the Province of the Eastern Cape and Another (451/09) [2015] ZAECBHC 7 (16 April 2015)

Court

Eastern Cape High Court, Bhisho

Case number

451/09

Judge

J W Eksteen

The High Court held that a settlement deed over the Amatola Sun was only an agreement to agree, not a final binding compromise, and dismissed the application.

• Enforceability Of Settlement Agreements
• Agreement To Agree
• Specific Performance
• Lease Of State Property
• Agreement-to-agree
• Settlement-agreements