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South Africa decisions
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Macsteel Service Centre SA v (Pty) Ltd v Heavy Feather Trading 50 CC (24939/2015) [2021] ZAGPPHC 373 (2 June 2021)
The High Court dismissed an appeal over whether payments to Macsteel were conditional on a takeover of Xtreme Profiling’s business.
Macsteel Genprop (Pty) Ltd v Groot (9728/2016) [2017] ZAGPJHC 391 (11 December 2017)
The court enforced a settlement agreement and granted judgment for the purchase price, finding the resale clause was a contractual term, not a suspensive condition.
Commissioner For The South African Revenue Service v Bosch and Another (394/2013) [2014] ZASCA 171; [2015] 1 All SA 1 (SCA); 2015 (2) SA 174 (SCA); 77 SATC 61 (19 November 2014)
The Supreme Court of Appeal held that the exercise of the share option by the respondents constituted the exercise of the right to acquire shares under s 8A(1)(a) of the Income Tax Act. The contracts arising from the exercise of the options were unconditional, and the subsequent delivery and payment were postponed performances, not suspensive conditions. The scheme was genuine and not simulated; there was no evidence of dishonesty or intent to disguise the true nature of the transactions. The court rejected the Commissioner's arguments regarding conditionality, fiscal conditionality, and simu…
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Holm Jordaan & Partners CC v City of Tshwane Metropolitan Municipality (830/2013) [2014] ZASCA 105 (3 September 2014)
The Supreme Court of Appeal held that no binding contract for architectural services came into existence between Holm Jordaan & Partners CC and the City of Tshwane Metropolitan Municipality. The right to be commissioned was conditional on the identification of a BEE joint venture partner and the securing of funding, neither of which was fulfilled. Essential terms, including the scope of work, remuneration, and allocation of responsibilities, remained unresolved. The parties did not intend to be bound until these material terms were agreed. Consequently, the City's decision not to proceed did…
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