South Africa Case Law

Former Way Trade and Invest (Pty) Limited v Bright Idea Projects 66 (Pty) Limited (CCT 237/20)

Former Way Trade and Invest (Pty) Limited v Bright Idea Projects 66 (Pty) Limited (CCT 237/20) [2021] ZACC 33; 2021 (12) BCLR 1388 (CC) (28 September 2021)

Court

Constitutional Court

Case number

CCT 237/20

Judges

Mogoeng, Jafta, Khampepe, Madlanga, Majiedt, Mhlantla, Theron, Tlaletsi, Tshiqi

The Constitutional Court held that section 12B of the Petroleum Products Act does not oust the High Court's jurisdiction when a referral to arbitration is made. The discretion to stay proceedings pending arbitration remains with the court and must be exercised judicially. In this case, the High Court and Supreme Court of Appeal correctly found that the franchise agreement had lapsed and no new agreement was concluded, as the applicant refused to pay the brand fee. The applicant's referral to arbitration was made only eight days before expiry and did not challenge the respondent's ownership or…

Source excerpt

• Petroleum Products Act
• Statutory Arbitration
• Stay Of Proceedings
• Right Of Access To Court
• Eviction
• Contractual Renewal

Media MOB Productions CC v PPC Limited (41709/2015)

Media MOB Productions CC v PPC Limited (41709/2015) [2019] ZAGPJHC 282 (16 August 2019)

Court

South Gauteng High Court, Johannesburg

Case number

41709/2015

Judge

S Yacoob

The High Court held that the written retainer contract began on 28 February 2014 and was not verbally renewed or amended. The plaintiff’s claim was dismissed.

• Contractual Renewal
• Written Vs Oral Agreement
• Penalty Clause
• Retainer Agreement
• Contractual-renewal
• Oral-amendment

Bright Idea Projects 66 (Pty) Ltd t/a All Fuels v Crompton Street Motors CC t/a Wallers Garage Service Station (1916/2018P)

Bright Idea Projects 66 (Pty) Ltd t/a All Fuels v Crompton Street Motors CC t/a Wallers Garage Service Station (1916/2018P) [2019] ZAKZPHC 39 (6 June 2019)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

1916/2018P

Judge

Ploos van Amstel

The High Court ordered ejectment after a fuel station lease and franchise expired, rejecting a stay for arbitration and finding no enforceable renewal obligation.

• Ejectment
• Lease Expiry
• Franchise Agreement
• Arbitration Stay
• Contractual Renewal
• Tacit Terms

Masakhane Security Services (Pty) Ltd v University of Fort Hare (530/2011)

Masakhane Security Services (Pty) Ltd v University of Fort Hare (530/2011) [2012] ZAECBHC 1 (19 January 2012)

Court

Eastern Cape High Court, Bhisho

Case number

530/2011

Judge

P.W. Tshiki

The respondent, as an organ of state, is subject to administrative law and the Constitution. The contract between the parties, as evidenced by the appointment letter, was for a period of at least 12 months and renewable for a further 24 months in terms of the respondent's Supply Chain Management Policy. The language of the contract created a legitimate expectation for the applicant that the contract would be considered for renewal. The respondent's refusal to consider extension, without engaging with the applicant or negotiating the renewal terms, was procedurally unfair and unlawful. The res…

Source excerpt

• Legitimate Expectation
• Contractual Renewal
• Procedural Fairness
• Interpretation Of Contracts
• Promotion Of Administrative Justice Act