South Africa Case Law

Technologies Acceptance Receivable (Pty) Limited and Another v Pieter Toerien Productions CC t/a Theatre on the Bay and Others (4086/2020)

Technologies Acceptance Receivable (Pty) Limited and Another v Pieter Toerien Productions CC t/a Theatre on the Bay and Others (4086/2020) [2024] ZAWCHC 431 (18 December 2024)

Court

Western Cape High Court, Cape Town

Case number

4086/2020

Judge

A Kantor

The court found that the handwritten amendment to the Master Rental Agreement (MRA) was ineffective because it was not signed by both parties as required by the non-variation clause. The contract remained in its unamended form, and the plaintiffs could not claim the higher rental amount. The cession agreements validly transferred rights, but the warranties and indemnities covered only the contract as it existed, not the purported amendment. Public policy did not justify disregarding the non-variation clause, as no evidence was presented of circumstances warranting such intervention. The count…

Source excerpt

• Non Variation Clause
• Contractual Cessions
• Public Policy Exception
• Unjustified Enrichment
• Contractual Warranties

Technologies Acceptances Receivable (Pty) Ltd and Another v Pieter Toerien Productions CC t/a Theatre on the Bay and Others (4086/2020)

Technologies Acceptances Receivable (Pty) Ltd and Another v Pieter Toerien Productions CC t/a Theatre on the Bay and Others (4086/2020) [2024] ZAWCHC 269; [2025] 1 All SA 775 (WCC) (18 September 2024)

Court

Western Cape High Court, Cape Town

Case number

4086/2020

Judge

Kantor

The High Court held that an unsigned handwritten amendment to a rental agreement was ineffective, rejected public policy and fraud arguments, and dismissed all claims.

• Non Variation Clause
• Contractual Cessions
• Public Policy Exception
• Unjustified Enrichment
• Warranties And Indemnities
• Non-variation-clause

Drive Control Corporation (Pty) Ltd v National Health Laboratory Service (A2023/049792)

Drive Control Corporation (Pty) Ltd v National Health Laboratory Service (A2023/049792) [2024] ZAGPJHC 339 (10 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A2023/049792

Judges

S D J Wilson, Adams, Wanless

The court held that the contract between Blue Future and NHLS contained a prohibition on cession that was fused into the right to payment at the time the contract was created. Since NHLS's prior written consent to cession was never obtained, Blue Future had no right to cede its entitlement to payment to Drive Control. The purported cession was therefore void from the outset, and Mr. Motsepe's subsequent acknowledgement of the cession could not create a valid obligation or supersede the original contract. The court found that Drive Control failed to lead evidence that NHLS had waived the prohi…

Source excerpt

• Contractual Cessions
• Prohibition On Cession
• Authority Of Agents
• Absolution From The Instance