South Africa Case Law

Twenty-Third Century Systems (Pty) Ltd and Another v SAP Africa Region (Pty) Ltd (172/2023)

Twenty-Third Century Systems (Pty) Ltd and Another v SAP Africa Region (Pty) Ltd (172/2023) [2025] ZASCA 51; [2025] 3 All SA 62 (SCA) (30 April 2025)

Court

Supreme Court of Appeal

Case number

172/2023

Judges

Mocumie, Kgoele, Kathree-Setiloane, Windell, Bloem

The Supreme Court of Appeal held that the exclusion of damages and time bar clauses in the agreement are secondary obligations that survive termination, including termination by repudiation, as expressly provided by the survival clause. The Court distinguished between primary obligations, which end upon acceptance of repudiation, and secondary obligations, which regulate post-termination consequences and endure as per the contract. The doctrine of approbation and reprobation does not preclude SAP from relying on these clauses, as the parties agreed they would survive any termination. The appe…

Source excerpt

• Contract Repudiation
• Survival Clause
• Limitation Of Liability
• Time Bar
• Approbation And Reprobation

King Price Insurance CO v Joubert (4083/2023)

King Price Insurance CO v Joubert (4083/2023) [2024] ZAFSHC 147 (24 May 2024)

Court

Free State High Court, Bloemfontein

Case number

4083/2023

Judge

M.T. Jordaan

The High Court granted summary judgment for unpaid insurance premiums, rejecting a Rule 32 objection that there was no nexus between the plaintiff and the deponent.

• Summary Judgment
• Insurance Contract
• Liquidated Claim
• Rule 32 Procedure
• Contract Repudiation
• Summary-judgment

Du Preez v Van Rooyen (26156/20)

Du Preez v Van Rooyen (26156/20) [2021] ZAGPPHC 22 (18 January 2021)

Court

North Gauteng High Court, Pretoria

Case number

26156/20

Judge

C.J. Collis

The High Court terminated a close corporation member’s 15% interest on just and equitable grounds and upheld a damages counterclaim arising from a repudiated sale agreement.

• Close Corporation Membership Termination
• Just And Equitable Ground
• Contract Repudiation
• Damages For Breach
• Association Agreement
• Specific Performance

Jalite (Pty) Ltd v Shanghai Furniture Import & Export CC (223/2018)

Jalite (Pty) Ltd v Shanghai Furniture Import & Export CC (223/2018) [2019] ZASCA 39 (29 March 2019)

Court

Supreme Court of Appeal

Case number

223/2018

Judges

Leach, Zondi, Mocumie, Mokgohloa, Matojane

The Supreme Court of Appeal held that the lease was not based on square meterage, no material misrepresentation was proved, and the lessee was not entitled to cancel.

• Lease Agreement
• Material Misrepresentation
• Contract Repudiation
• Damages For Breach
• Rescission Of Contract
• Commercial-lease

Qualitor (Pty) Ltd v Emfuleni Resorts (Pty) Ltd and Others (1505/13)

Qualitor (Pty) Ltd v Emfuleni Resorts (Pty) Ltd and Others (1505/13) [2014] ZAGPPHC 323 (30 May 2014)

Court

North Gauteng High Court, Pretoria

Case number

1505/13

Judge

Hughes

High Court decision on exceptions and amendments in a contract dispute. The court upheld objections to the written-agreement and claim-thirteen pleadings, but allowed amendment for the oral agreement.

• Pleading Requirements
• Rule 18 6 Uniform Rules
• Contract Repudiation
• Oral Vs Written Contract
• Amendment Of Pleadings
• Civil-procedure

Transnet Limited v Vusa-Isizwe Security Services (Pty) Limited (12398/2005)

Transnet Limited v Vusa-Isizwe Security Services (Pty) Limited (12398/2005) [2011] ZAGPJHC 81 (11 February 2011)

Court

South Gauteng High Court, Johannesburg

Case number

12398/2005

Judges

W L Wepener, P Boruchowitz, R Mathopo

The court found that a valid and binding contract was concluded between the parties on 30 November 2004 when the respondent's tender was orally accepted and confirmed in writing. The absence of a prescribed formal procedure for acceptance and the conduct of both parties supported the existence of the contract. The appellant's subsequent actions, including imposing penalties and requiring performance, further confirmed the contract's existence. The appellant was estopped from denying Mr Naidu's authority due to its representations and conduct. The constitutional and statutory defences raised b…

Source excerpt

• Tender Award
• Ostensible Authority
• Quasi Mutual Assent
• Public Finance Management Act
• Contract Repudiation

Vrystaat Cheetahs (Edms) Beperk v Mapoe and Others (4587/2010)

Vrystaat Cheetahs (Edms) Beperk v Mapoe and Others (4587/2010) [2010] ZAFSHC 175 (29 September 2010)

Court

Free State High Court, Bloemfontein

Case number

4587/2010

Judge

Van Zyl, R

The court granted urgent relief enforcing a rugby player contract, made an arbitration award an order of court, and interdicted the player and the Sharks from breaching the contract.

• Specific Performance
• Urgent Interdict
• Arbitration Award Enforcement
• Contract Repudiation
• Employment Contract
• Player Transfer Regulations

Eco Move 20 BK en Ander v Krygkor Besigheid (Edms) Bpk en Anders (912/2009)

Eco Move 20 BK en Ander v Krygkor Besigheid (Edms) Bpk en Anders (912/2009) [2009] ZANCHC 44 (4 September 2009)

Court

Northern Cape High Court, Kimberley

Case number

912/2009

Judge

C J Olivier

The court upheld an exception because the first defendant was not a party to the contracts relied on, so it could not have repudiated them.

• Contract Repudiation
• Party To Contract
• Exception Procedure
• Pleadings Amendment
• Contract-repudiation
• Party-to-contract

Total South Africa (Pty) Ltd v Gerhard Oosthuizen t/a Happy Homes Filling Station (A1193/06)

Total South Africa (Pty) Ltd v Gerhard Oosthuizen t/a Happy Homes Filling Station (A1193/06) [2009] ZAGPHC 39 (27 February 2009)

Court

High Courts - Gauteng

Case number

A1193/06

Judges

W R C Prinsloo, J C W van Rooyen

The court found no binding written contract, held the equipment removal amounted to repudiation, upheld the damages counterclaim, and allowed the petrol debt claim.

• Contract Repudiation
• Specific Performance
• Mitigation Of Damages
• Contra Proferentem
• Liquidated Claim
• Contract-repudiation

De Villiers v NTK Limpopo Agric Beperk (39380/2005)

De Villiers v NTK Limpopo Agric Beperk (39380/2005) [2007] ZAGPHC 238 (18 October 2007)

Court

High Courts - Gauteng

Case number

39380/2005

Judge

C Pretorius

The court found that the applicant's interpretation and conduct regarding the transport contract were objectively untenable and inconsistent with the clear terms of the agreement. The applicant's assertion that each transport request constituted a separate contract and that he was not bound to perform all requests within the stipulated time was contrary to the written contract, which required him to perform all transport as instructed, subject only to specific exclusions. The applicant's statements and conduct in the second application amounted to a clear repudiation of the contract. The resp…

Source excerpt

• Contract Repudiation
• Specific Performance
• Interpretation Of Contracts