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South Africa Case Law

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Commercial And Corporate [2024] ZAECMKHC 132

ABSA Bank Limited v Ntlonze (1415/2024)

ABSA Bank Limited v Ntlonze (1415/2024) [2024] ZAECMKHC 132 (3 September 2024)

Court
Eastern Cape High Court, Makhanda
Case number
1415/2024
Judge
NJ Mullins

The court held that the defendant's inability to earn income due to the Covid-19 lockdown did not amount to supervening impossibility of performance. The test is objective, and mere economic hardship or loss of profitability does not excuse contractual obligations. The contract was silent on force majeure, so common law applied. The defendant remained in substantial arrears beyond the lockdown period and failed to tender return of the vehicle, which is fatal to his defence. The plaintiff established entitlement to summary judgment, as the defendant's arguments did not raise a triable issue.

Source excerpt

  • Credit Agreement Breach
  • Supervening Impossibility
  • Summary Judgment
  • Force Majeure
  • Covid 19 Lockdown
  • Return Of Goods
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Civil Procedure [2022] ZAECQBHC 34

Minshan Africa Holdings (Pty) Ltd v African Skys (Pty) Ltd (1743/2018)

Minshan Africa Holdings (Pty) Ltd v African Skys (Pty) Ltd (1743/2018) [2022] ZAECQBHC 34 (13 September 2022)

Court
Eastern Cape High Court, Gqeberha
Case number
1743/2018
Judge
Bands

The court found that the plaintiff failed to provide sufficient evidence regarding the timing and circumstances of the witness's unavailability due to the Covid-19 lockdown. The plaintiff did not adequately explain when the lockdown commenced, why arrangements for the witness's attendance were not made earlier, or why the defendant was only informed shortly before trial. The court held that, in the absence of a satisfactory explanation, the plaintiff's conduct contained an element of blameworthiness. Applying the general rule and relevant case law, the court exercised its discretion to order…

Source excerpt

  • Wasted Costs
  • Postponement
  • Court Discretion
  • Virtual Hearings
  • Covid 19 Lockdown
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Labour Law [2022] ZALCCT 5

Buys v Oasis Group Holdings (C422/2020)

Buys v Oasis Group Holdings (C422/2020) [2022] ZALCCT 5; [2022] 4 BLLR 358 (LC); (2022) 43 ILJ 1112 (LC) (24 January 2022)

Court
Labour Court Cape Town
Case number
C422/2020
Judge
Rabkin-Naicker

The court found that the respondent breached the employment contract by failing to pay the applicant his notice pay for the period during which he tendered his services but was placed on unpaid leave due to the Covid-19 lockdown. The respondent's reliance on the 'no work no pay' principle was misplaced, as this principle is primarily applicable in the context of collective bargaining and not where an employee tenders service during a notice period. The head of the institution was entitled to determine essential staff under the Disaster Management Act regulations, but this did not absolve the…

Source excerpt

  • Notice Pay
  • No Work No Pay Principle
  • Covid 19 Lockdown
  • Specific Performance
  • Breach Of Contract
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.