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South Africa Case Law

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Commercial And Corporate [2025] ZASCA 7

Spar Group Limited and Others v Twelve Gods Supermarket (Pty) Ltd and Others (1100/2022)

Spar Group Limited and Others v Twelve Gods Supermarket (Pty) Ltd and Others (1100/2022) [2025] ZASCA 7; 2025 (3) SA 137 (SCA) (30 January 2025)

Court
Supreme Court of Appeal
Case number
1100/2022
Judges
Mabindla-Boqwana, Kgoele, Baartman, Dolamo, Masipa

The Supreme Court of Appeal held that the credit facilities agreement between SPAR and the Giannacopoulos Group constituted an ongoing contractual relationship, not a series of discrete offers. The discretion to vary credit terms under clause 5 was subject to the arbitrio boni viri standard, requiring SPAR to act reasonably, honestly, and for a legitimate purpose. The evidence showed that SPAR's reasons for altering the credit and drop shipment terms—alleged financial instability and compliance issues—were not substantiated and did not justify the changes. The timing and nature of the alterat…

Source excerpt

  • Contractual Discretion
  • Arbitrio Boni Viri
  • Variation Of Contract
  • Credit Facilities
  • Good Faith
  • Termination Of Membership
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Commercial And Corporate [2022] ZAKZPHC 29

Spar Group Limited and Others v Twelve Gods Supermarket (Pty) Ltd and Others (AR31/2021 and AR32/2021)

Spar Group Limited and Others v Twelve Gods Supermarket (Pty) Ltd and Others (AR31/2021 and AR32/2021) [2022] ZAKZPHC 29 (7 July 2022)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
AR31/2021 and AR32/2021
Judges
Moodley, Radebe, Bezuidenhout

The Full Court held that Spar had expressly agreed to convene a hearing before terminating the respondents' membership, and that procedural fairness was required. The respondents did not repudiate the agreement to participate in a hearing; their conduct was consistent with seeking a fair process. Spar's failure to hold the hearing and its subsequent termination of membership was invalid and unlawful. The second set of termination notices, purportedly relying on a clause allowing termination without reason, was also invalid because the agreement to hold a hearing encompassed all grounds for te…

Source excerpt

  • Termination Of Membership
  • Contractual Repudiation
  • Arbitrio Boni Viri
  • Credit Facility Variation
  • Natural Justice
  • Memorandum Of Incorporation
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Land And Property [2017] ZASCA 38

Mount Amanzi Share Block Limited v Body Corporate of Windsor Heights Sectional Title Scheme and Others (537/2016)

Mount Amanzi Share Block Limited v Body Corporate of Windsor Heights Sectional Title Scheme and Others (537/2016) [2017] ZASCA 38 (29 March 2017)

Court
Supreme Court of Appeal
Case number
537/2016
Judges
Cachalia, Swain, Nicholls, Coppin, Mbatha

The Supreme Court of Appeal found that the appellant, Mount Amanzi Share Block Limited, validly exercised its discretion under the notarial deed of servitude to determine levies payable by the respondents for services rendered. The court held that the respondents failed to establish spoliation, as any temporary denial of access to facilities was justified by agreement and was not ongoing at the time of the application. The respondents were not denied access to their property, and any inconvenience was due to reasonable security measures. The court rejected the respondents' argument that a com…

Source excerpt

  • Servitude
  • Levy Determination
  • Spoliation
  • Arbitrio Boni Viri
  • Notarial Deed
  • Interdict
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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.