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South Africa decisions
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Simply Africa Trading (Pty) Ltd v Securitas Technology (Pty) Ltd (2021/5691) [2025] ZAGPJHC 61 (13 January 2025)
The High Court held that the security contract did not require 24-hour server-rack monitoring, and that the plaintiff’s delict claim also failed.
Pall South Africa (Pty) Limited v Group 4 Falck (Pty) Limited (A233/07) [2010] ZAGPPHC 558 (10 February 2010)
The court held that the exemption provision in clause 8.3 of the agreement clearly and unambiguously excludes liability on the part of the respondent for all loss or damage caused by any unlawful and intentional or negligent act, including theft by its security personnel. The respondent is only liable for loss or damage caused by gross negligence, and even then, liability is limited to three times the monthly contract price. The appellant's failure to comply with the procedural requirements in clause 8.4.1 and 8.4.2 further precluded its claim. The court rejected the appellant's argument that…
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Consol Limited t/a Consol Glass v Twee Jonge Gezellen (Pty) Ltd and Another (11080/99) [2005] ZAWCHC 52; 2005 (6) SA 23 (C); [2005] 4 All SA 517 (C) (22 July 2005)
The court refused first defendant’s application to amend its counterclaim and replication. The proposed amendments did not raise triable issues because the Supreme Court of Appeal had already determined the effect of the exemption clause and time bar, rendering further litigation on those points res judicata. The delictual claim was barred by the doctrine of election, as first defendant had pursued contractual remedies with full knowledge of the facts, thereby affirming the contract and precluding cancellation. The court found that the proposed tacit terms could not be imported into the contr…
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