Spar Group Limited and Others v Twelve Gods Supermarket (Pty) Ltd and Others (AR31/2021 and AR32/2021)
Spar Group Limited and Others v Twelve Gods Supermarket (Pty) Ltd and Others (AR31/2021 and AR32/2021) [2022] ZAKZPHC 29 (7 July 2022)
The Full Court held that Spar had expressly agreed to convene a hearing before terminating the respondents' membership, and that procedural fairness was required. The respondents did not repudiate the agreement to participate in a hearing; their conduct was consistent with seeking a fair process. Spar's failure to hold the hearing and its subsequent termination of membership was invalid and unlawful. The second set of termination notices, purportedly relying on a clause allowing termination without reason, was also invalid because the agreement to hold a hearing encompassed all grounds for te…
Source excerpt
- Termination Of Membership
- Contractual Repudiation
- Arbitrio Boni Viri
- Credit Facility Variation
- Natural Justice
- Memorandum Of Incorporation