South Africa Case Law

Gallant v Minister of Defence and Others (A96/2024)

Gallant v Minister of Defence and Others (A96/2024) [2024] ZAGPPHC 1172 (25 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

A96/2024

Judges

Mnqibisa-Thusi, Collis, Millar

The court found that no binding employment contract was concluded on 29 November 2017, as the letter relied upon by the appellant was not signed by an authorised representative of SANDF and the appellant failed to meet the suspensive conditions, including medical fitness and completion of prescribed Navy courses. The covering letter did not constitute a valid offer capable of acceptance. The argument that the letter amounted to administrative action binding on SANDF was rejected, as no contract came into existence and the facts were distinguishable from Tasima. The appellant's claim that her…

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• Fixed Term Employment Contract
• Offer And Acceptance
• Administrative Action
• Contractual Conditions
• Renewal Of Employment
• Promotion Of Administrative Justice Act

Xylomed Pharmaceuticals (Pty) Ltd v Omnisol Outsourced Solutions (Pty) Ltd (33995/2020)

Xylomed Pharmaceuticals (Pty) Ltd v Omnisol Outsourced Solutions (Pty) Ltd (33995/2020) [2023] ZAGPPHC 54 (27 January 2023)

Court

North Gauteng High Court, Pretoria

Case number

33995/2020

Judge

LG Kilmartin

The High Court rescinded a default judgment after finding the applicant was not in wilful default and had a bona fide defence based on missing SAHPRA approval.

• Rescission Of Default Judgment
• Specific Performance
• Contractual Conditions
• Regulatory Compliance
• Service Of Process
• Rescission-of-default-judgment

Koster v Industrial Zone Limited and Others (A5066/2021)

Koster v Industrial Zone Limited and Others (A5066/2021) [2022] ZAGPJHC 981 (13 December 2022)

Court

South Gauteng High Court, Johannesburg

Case number

A5066/2021

Judges

Meyer, Francis, Wilson

The High Court allowed a late amendment to plead vagueness in a sale agreement’s finance condition and reinstated the appeal, with costs against the appellant’s estate.

• Leave To Amend
• Specific Performance
• Contractual Conditions
• Void For Vagueness
• Leave-to-amend
• Void-for-vagueness

Enyuka Property Holdings (Pty) Ltd v Delport Van den Berg Inc. and Another (56232/2020)

Enyuka Property Holdings (Pty) Ltd v Delport Van den Berg Inc. and Another (56232/2020) [2022] ZAGPPHC 232 (3 April 2022)

Court

North Gauteng High Court, Pretoria

Case number

56232/2020

Judge

Millar

The court found that the agreement provided for two separate conditions to be fulfilled for the release of the retention amount: completion of renovation works to Pick n Pay's satisfaction and payment of increased rental. Only one condition was fulfilled within the stipulated period. The court interpreted the contract in line with established principles, preferring a sensible meaning that avoids absurdity. Since the second condition was not met, the plaintiff was entitled to repayment of the retention and a reduction in the purchase price. The defendant's counterclaim failed, and costs were a…

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• Sale Of Immovable Property
• Retention Of Purchase Price
• Contractual Conditions
• Interpretation Of Contracts

Smith and Others v One Vision Investments 344 (Pty) Ltd (76711/2014)

Smith and Others v One Vision Investments 344 (Pty) Ltd (76711/2014) [2020] ZAGPPHC 316 (25 June 2020)

Court

North Gauteng High Court, Pretoria

Case number

76711/2014

Judge

RG Tolmay

The High Court dismissed an application for leave to appeal, holding that the applicants showed no reasonable prospect of success and that costs should follow the result.

• Leave To Appeal
• Contractual Conditions
• Director Resignation
• Estoppel
• Waiver
• Payment Of Costs

Anait Technology Ltd v Interlog Trading (Pty) Ltd and Others (8252/2013)

Anait Technology Ltd v Interlog Trading (Pty) Ltd and Others (8252/2013) [2019] ZAWCHC 122 (16 September 2019)

Court

Western Cape High Court, Cape Town

Case number

8252/2013

Judge

Binns-Ward

The court found that the written purchase order agreement was not conditional upon the plaintiff acquiring a shareholding in the first defendant. The evidence did not support the existence of such a suspensive condition, and the contract's non-variation and sole memorial clauses excluded reliance on any extraneous oral agreement. The defendants' refusal to clear the goods for delivery constituted intentional frustration of the plaintiff's ability to perform, thereby invoking the doctrine of fictional fulfilment. The defendants' reliance on alleged reckless trading and breach of fiduciary duti…

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• Specific Performance
• Suretyship
• Parol Evidence Rule
• Doctrine Of Fictional Fulfilment
• Contractual Conditions
• Interest On Judgment Debt

Collett v Marais (39970/2015)

Collett v Marais (39970/2015) [2018] ZAGPPHC 511 (1 June 2018)

Court

North Gauteng High Court, Pretoria

Case number

39970/2015

Judge

Dodson

The court found that an oral agreement was concluded between the parties on 3 November 2014, as evidenced by the applicant's email, subsequent payments, and the conduct of both parties. The respondent's version was rejected as implausible and unsupported by the facts. The agreement was not subject to a suspensive condition requiring reduction to writing and signature, as there was no clear evidence of such intention. The applicant was entitled to payment of the outstanding purchase price and interest a tempore morae as damages for breach, despite the absence of an express interest clause in t…

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• Oral Contract
• Sale Of Shares
• Specific Performance
• Mora Interest
• Contractual Conditions

Nogcantsi v Mnquma Local Municipality and Others (PA07/15)

Nogcantsi v Mnquma Local Municipality and Others (PA07/15) [2016] ZALAC 54; (2017) 38 ILJ 595 (LAC); [2017] 4 BLLR 358 (LAC) (22 November 2016)

Court

Labour Appeal Court

Case number

PA07/15

Judges

Coppin, Landman, Phatshoane

The court held that the appellant's employment was terminated by operation of the automatic termination clause in his contract, which was triggered by an objectively negative vetting outcome provided by the SAPS. This termination was not the result of any deliberate act or decision by the employer aimed at ending the employment relationship, but rather the fulfilment of a contractual condition to which the appellant had freely agreed. The clause did not deprive the appellant of rights under the LRA, nor did it constitute an impermissible attempt to contract out of statutory protections agains…

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• Automatic Termination Clause
• Dismissal Definition
• Vetting And Screening
• Section 192 Lra
• Contractual Conditions
• Unfair Dismissal

Moroka v Zimbali Country Club (AR207/2016)

Moroka v Zimbali Country Club (AR207/2016) [2016] ZAKZPHC 81 (23 September 2016)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR207/2016

Judges

Seegobin, Olsen

The court held that the Magistrates’ Court had jurisdiction because the material facts giving rise to the cause of action—membership application, acceptance, business operations, and non-payment—occurred within the district. The fact that the sale agreement was signed outside the district was immaterial. Mr Moroka became a composite member of the plaintiff by virtue of the sale agreement, payment for the debenture, and conduct after transfer, even though a second application form was not signed. The court found that the application form completed in 2009 remained valid for the second sale. Re…

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• Magistrates Court Jurisdiction
• Membership Obligations
• Contractual Conditions
• Prescription Of Debt

Bondev Midrand (Pty) Ltd v Letsholo and Others (59/2014)

Bondev Midrand (Pty) Ltd v Letsholo and Others (59/2014) [2015] ZAGPPHC 677 (21 September 2015)

Court

North Gauteng High Court, Pretoria

Case number

59/2014

Judge

K.LA.M Manamela

The respondents failed to comply with the third condition for extension of the building time limit, namely providing proof of an approved building loan. The impossibility of performance alleged by the respondents, arising from the caveat in the deeds registry, does not excuse their non-compliance, as the caveat is a normal consequence of legal proceedings and not attributable to any improper conduct by the applicant. The applicant is therefore entitled to exercise its contractual right to claim re-transfer of the property at the respondents' expense, with a refund of the original purchase pri…

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• Specific Performance
• Contractual Conditions
• Impossibility Of Performance
• Building Time Limit