South Africa Case Law

Botha and Another v Rich N.O. and Others (CCT 89/13)

Botha and Another v Rich N.O. and Others (CCT 89/13) [2014] ZACC 11; 2014 (4) SA 124 (CC); 2014 (7) BCLR 741 (CC) (17 April 2014)

Court

Constitutional Court

Case number

CCT 89/13

Judges

Moseneke, Skweyiya, Cameron, Dambuza, Froneman, Jafta, Madlanga, Mhlantla, Nkabinde, Zondo

The Constitutional Court held that section 27(1) of the Alienation of Land Act confers on a purchaser who has paid at least half the purchase price the right to demand transfer of the property, subject to registration of a mortgage bond for the balance. This right is enforceable by specific performance unless the purchaser is in breach of reciprocal obligations, in which case the seller may raise the exceptio non adimpleti contractus. Ms Botha was in arrears but made a tender to pay the outstanding amounts and municipal charges upon transfer. The Court found that denying transfer in these cir…

Source excerpt

• Alienation Of Land Act
• Specific Performance
• Forfeiture Clause
• Reciprocity In Contract
• Constitutional Control Of Contract
• Disproportionate Penalty