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South Africa Case Law

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Commercial And Corporate [2013] ZAKZPHC 12

D & E Trading (Pty) Ltd v Hilton Village Centre CC and Others (1342/13)

D & E Trading (Pty) Ltd v Hilton Village Centre CC and Others (1342/13) [2013] ZAKZPHC 12 (19 March 2013)

The court held that the restraint clause in the cancellation agreement does not extend to franchisees or buying partners of opposition supermarket groups, but only to actual members of such groups as understood in corporate law. The second respondent, while a franchisee of OK Franchise Division, is not a member of the Shoprite group in the sense contemplated by the restraint. The applicant provided the wording of the restraint and could have expressly included franchisees if intended. The first respondent was not aware of any franchise agreement at the time of leasing, and there is no evidenc…

  • Restraint Of Trade
  • Lease Interpretation
  • Franchise Relationships
  • Contractual Autonomy
  • Constitutional Scrutiny
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Civil Procedure [2005] ZASCA 1

Road Accident Fund v Makwetlane (649/2002)

Road Accident Fund v Makwetlane (649/2002) [2005] ZASCA 1; 2005 (4) SA 51 (SCA) (17 February 2005)

The Supreme Court of Appeal held that regulation 2(1)(c) is not ultra vires the Road Accident Fund Act. The regulation, which requires claimants in hit-and-run cases to submit an affidavit to the police within 14 days of being able to do so, is a legitimate regulatory measure aimed at deterring fraud and facilitating bona fide claims. The regulation does not substantively attenuate the right to compensation, but rather sets a reasonable procedural precondition for claims where the identity of the driver is unknown. The court found that the regulation is rationally connected to the legislative…

  • Road Accident Fund Act
  • Ultra Vires Regulation
  • Hit And Run Claims
  • Statutory Interpretation
  • Constitutional Scrutiny
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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.