South Africa Case Law

Spar Group Limited and Others v Twelve Gods Supermarket (Pty) Ltd and Others (1100/2022)

Spar Group Limited and Others v Twelve Gods Supermarket (Pty) Ltd and Others (1100/2022) [2025] ZASCA 7; 2025 (3) SA 137 (SCA) (30 January 2025)

Court

Supreme Court of Appeal

Case number

1100/2022

Judges

Mabindla-Boqwana, Kgoele, Baartman, Dolamo, Masipa

The Supreme Court of Appeal held that the credit facilities agreement between SPAR and the Giannacopoulos Group constituted an ongoing contractual relationship, not a series of discrete offers. The discretion to vary credit terms under clause 5 was subject to the arbitrio boni viri standard, requiring SPAR to act reasonably, honestly, and for a legitimate purpose. The evidence showed that SPAR's reasons for altering the credit and drop shipment terms—alleged financial instability and compliance issues—were not substantiated and did not justify the changes. The timing and nature of the alterat…

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• Contractual Discretion
• Arbitrio Boni Viri
• Variation Of Contract
• Credit Facilities
• Good Faith
• Termination Of Membership

Mpambaniso v Davison and Another (A139/22)

Mpambaniso v Davison and Another (A139/22) [2024] ZAGPPHC 602 (27 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

A139/22

Judges

Ntlama-Makhanya, Collis, Ranchod

The majority held that the court a quo misdirected itself by failing to consider the substance of the agreement, specifically the term granting the First Respondent discretion to invest the appellant's funds and the obligation to repay on demand. The evidence, including email correspondence, established that the First Respondent was personally mandated to invest the funds and owed a fiduciary duty to the appellant. The court a quo's focus on the identity of the contracting party, rather than the essential terms of the agreement, led to an incorrect dismissal of the appellant's claim. The majo…

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• Contractual Discretion
• Investment Mandate
• Fiduciary Duty
• Abandonment Of Claim
• Costs Order
• Personal Vs Representative Liability

Ethekwini Municipality v Cooperativa Muratori and Cementisti - CMC di Ravenna Societa Cooperativa (181/2022)

Ethekwini Municipality v Cooperativa Muratori and Cementisti - CMC di Ravenna Societa Cooperativa (181/2022) [2023] ZASCA 95; 2023 (6) SA 384 (SCA) (12 June 2023)

Court

Supreme Court of Appeal

Case number

181/2022

Judges

Van der Merwe, Mocumie, Matojane, Weiner, Olsen

The SCA held that adjudication decisions under a construction contract were enforceable and that public policy did not justify refusing payment.

• Construction Contracts
• Adjudication Enforcement
• Specific Performance
• Public Policy
• Contractual Discretion
• Construction-contracts

RFS Home Loans (Pty) Ltd v National Fund for Municipal Workers (37850/2020)

RFS Home Loans (Pty) Ltd v National Fund for Municipal Workers (37850/2020) [2021] ZAGPPHC 854 (12 December 2021)

Court

North Gauteng High Court, Pretoria

Case number

37850/2020

Judge

Mahlangu SK

The High Court dismissed a PAIA application by RFS Home Loans for board records and financial statements from the National Fund for Municipal Workers.

• Promotion Of Access To Information Act
• Contractual Discretion
• Fiduciary Duties
• Information Rights
• Paia
• Access-to-information

Driveconsortium Hatfield (Pty) Ltd (previously known as Henri Jacob (Pty) Ltd v Takealot Online (RF) (Pty) Ltd (7348/2021)

Driveconsortium Hatfield (Pty) Ltd (previously known as Henri Jacob (Pty) Ltd v Takealot Online (RF) (Pty) Ltd (7348/2021) [2021] ZAWCHC 279 (26 May 2021)

Court

Western Cape High Court, Cape Town

Case number

7348/2021

Judge

R.C.A. Henney

The High Court granted urgent interim relief stopping Takealot from enforcing franchise clauses against the applicant and ordered restoration of its business.

• Franchise Agreement
• Consumer Protection Act
• Interim Interdict
• Unlawful Self Help
• Contractual Discretion
• Restoration Of Business

Skinner and Others v Nampak Products Limited and Others (JA95/19)

Skinner and Others v Nampak Products Limited and Others (JA95/19) [2020] ZALAC 43; (2021) 42 ILJ 838 (LAC) (24 November 2020)

Court

Labour Appeal Court

Case number

JA95/19

Judges

Davis, Murphy, Kathree-Setiloane

The Labour Appeal Court held that Nampak lawfully capped post-retirement medical aid contributions under a valid contractual discretion, with no breach or unfair labour practice.

• Unfair Labour Practice
• Contractual Discretion
• Post Retirement Medical Aid
• Specific Performance
• Breach Of Contract
• Labour-law

Skinner and Others v Nampak Products Limited and Others (JS197/16)

Skinner and Others v Nampak Products Limited and Others (JS197/16) [2019] ZALCJHB 189 (20 June 2019)

Court

Labour Court Johannesburg

Case number

JS197/16

Judge

GN Moshoana

The Court found that the policy governing post-retirement medical aid benefits contained a clause granting the employer sole discretion to set a maximum contribution level for future pensioners, thereby limiting the general entitlement to 100% or 50% contributions. The applicants failed to prove that the exercise of this discretion was unreasonable or not in good faith. The respondent's actions were commercially rational, motivated by escalating costs and declining profitability, and followed legal advice and Board approval. The Court held that there was no breach of contract, as the capping…

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• Unfair Labour Practice
• Contractual Discretion
• Post Retirement Medical Aid
• Section 197 Transfer
• Remedies For Unfair Labour Practice

PG Sharedealing (Pty) Ltd v First Realty Randburg (Pty) Ltd t/a Chas Everitt International Property Group (A5058/2017)

PG Sharedealing (Pty) Ltd v First Realty Randburg (Pty) Ltd t/a Chas Everitt International Property Group (A5058/2017) [2018] ZAGPJHC 645 (3 December 2018)

Court

South Gauteng High Court, Johannesburg

Case number

A5058/2017

Judges

Wanless, Ismail, Twala

The court dismissed an appeal over estate agent commission, holding the agent accepted a beneficial clause, the bond-condition extension was effective, and statutory compliance was sufficient.

• Estate Agent Commission
• Suspensive Condition
• Stipulatio Alteri
• Fidelity Fund Certificate
• Contractual Discretion
• Statutory Compliance

Flemming v MMI Group (73982/16)

Flemming v MMI Group (73982/16) [2017] ZAGPPHC 650 (2 October 2017)

Court

North Gauteng High Court, Pretoria

Case number

73982/16

Judge

G Rautenbach

The court ordered the insurer to disclose the facts and calculation methods used to justify premium increases, but declined to stop the increases outright.

• Insurance Contracts
• Implied Terms
• Contractual Discretion
• Good Faith
• Public Policy
• Actuarial Calculation

Thorp v National Homebuilders Registration Council (JS845/2014)

Thorp v National Homebuilders Registration Council (JS845/2014) [2017] ZALCJHB 167 (6 April 2017)

Court

Labour Court Johannesburg

Case number

JS845/2014

Judge

A Van Niekerk

The Labour Court dismissed a contract claim for a higher bonus and a two-year termination payment, finding no binding agreement and a discretionary bonus scheme.

• Fixed Term Contracts
• Performance Bonus
• Contractual Discretion
• Termination Payments
• Fixed-term-contracts
• Performance-bonus