South Africa Case Law

Kasselman N.O. and Others v South African National Road Agency SOC Limited ("SANRAL") and Others (30098/2022)

Kasselman N.O. and Others v South African National Road Agency SOC Limited ("SANRAL") and Others (30098/2022) [2023] ZAGPPHC 1786 (10 October 2023)

Court

North Gauteng High Court, Pretoria

Case number

30098/2022

Judge

Francis-Subbiah

The High Court dismissed a review of SANRAL’s increased levy percentages, holding the dispute was a commercial negotiation and internal remedies were not exhausted.

• Promotion Of Administrative Justice Act
• Principle Of Legality
• Contractual Negotiation
• Internal Remedies Exhaustion
• Public Function Vs Commercial Action
• Administrative-law

Exilaclox (Pty) Ltd v MEC, Provincial Department of Roads & Public Works, Northern Cape Province and Another (1615/2019)

Exilaclox (Pty) Ltd v MEC, Provincial Department of Roads & Public Works, Northern Cape Province and Another (1615/2019) [2019] ZANCHC 58 (22 November 2019)

Court

Northern Cape High Court, Kimberley

Case number

1615/2019

Judge

Dauds

The court found that the applicant was declared the preferred bidder by the review court, but this did not amount to an award of the tender. Material issues, particularly the requirement for all parking to be onsite and the excess office space, remained unresolved, and the parties failed to reach agreement during negotiations. The first respondent never communicated acceptance of the applicant's bid, nor did the review court order an award of the tender. The applicant's interpretation of the order was not supported by the language of the judgment or the facts. The urgency of the application w…

Source excerpt

• Public Procurement
• Tender Award
• Interdict
• Preferred Bidder Status
• Contractual Negotiation

Damons NO and Others v Euphoria Home Owners Association NPC and Others (3972/2016)

Damons NO and Others v Euphoria Home Owners Association NPC and Others (3972/2016) [2016] ZALMPPHC 8 (22 September 2016)

Court

Limpopo High Court, Polokwane

Case number

3972/2016

Judge

E M Makgoba

The High Court ordered the HOA to issue clearance certificates for property transfers and dismissed its counter-application to force further restructuring negotiations.

• Clearance Certificates
• Liquidation Transfer
• Contractual Negotiation
• Ubuntu Principle
• Clearance-certificates
• Property-transfer

Brink v Premier of the Free State Province and Another (256/08)

Brink v Premier of the Free State Province and Another (256/08) [2009] ZASCA 16; 2009 (4) SA 420 (SCA) ; [2009] 3 All SA 304 (SCA) (19 March 2009)

Court

Supreme Court of Appeal

Case number

256/08

Judges

Streicher, Navsa, Ponnan, Mlambo, Leach

The Supreme Court of Appeal held that a lease renewal clause required mutual agreement on the renewal terms, so the second option could not be unilaterally fixed by the lessee.

• Lease Agreement Interpretation
• Contractual Renewal Options
• Contractual Negotiation
• Contractual Terms Construction
• Lease-agreement-interpretation
• Contractual-renewal-options