Qayisa NO and Others v Alticon Group (Pty) Ltd and Others (28143/17) [2019] ZAGPJHC 467 (20 December 2019)
Court
South Gauteng High Court, Johannesburg
Case number
28143/17
Judge
Meyer
The court found that Daggafontein failed to pay the initial R10 million deposit by the stipulated date, which constituted a breach of the sale of land agreement. STI's notice of breach, although demanding more than was due, clearly identified the actual breach and informed Daggafontein of what was required to remedy it. The demand for R40 million was premature but did not invalidate the notice regarding the R10 million. Daggafontein remained in default and did not pay the required amount within seven days of the notice. The contractual conditions for cancellation were therefore fulfilled, and…
Sihlali v South African Broadcasting Corporation Ltd (J700/08) [2010] ZALC 1; (2010) 31 ILJ 1477 (LC) ; [2010] 5 BLLR 542 (LC) (14 January 2010)
Court
Labour Court
Case number
J700/08
Judge
Van Niekerk
The Labour Court held that an employee’s SMS resigning “with immediate effect” was a clear, unilateral resignation that could not be withdrawn without the employer’s consent.
The Supreme Court of Appeal held that clause 4 of the lease agreement, when interpreted as part of the entire contract, was clear and unambiguous. The clause divided breaches into four distinct groups, with the seven-day notice requirement applying only to breaches of 'other conditions' and not to the failure to pay rent on the due date. The deletion of the word 'latter' and its initialling by the parties indicated unequivocally that the word was to form no part of the contract, but did not create ambiguity or extend the notice requirement to non-payment of rent. The contract provided specifi…