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South Africa Case Law

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Labour Law [2025] ZALCJHB 236

Dewlal v Cebra Lancet RSA (Pty) Ltd (JS685/24)

Dewlal v Cebra Lancet RSA (Pty) Ltd (JS685/24) [2025] ZALCJHB 236 (18 June 2025)

Court
Labour Court Johannesburg
Case number
JS685/24
Judge
W Kruger

The court found that the Respondent's exception was not an irregular step under Rule 57, as the procedural requirements for notice only apply to exceptions based on vagueness and embarrassment, which was not the case here. The Applicant failed to demonstrate any procedural irregularity by the Respondent. On the merits, the Applicant's statement of case did not disclose a cause of action, as it relied solely on a confidentiality clause without specifying the breached terms. The Applicant did not plead the requirements for interdictory relief and sought damages not recognised in South African l…

Source excerpt

  • Mutual Separation Agreement
  • Confidentiality Clause
  • Exception Procedure
  • Interdictory Relief
  • Damages In Lieu Of Specific Performance
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Commercial And Corporate [2016] ZASCA 198

Basson and Others v Hanna (37/2016)

Basson and Others v Hanna (37/2016) [2016] ZASCA 198; [2017] 1 All SA 669 (SCA); 2017 (3) SA 22 (SCA) (6 December 2016)

Court
Supreme Court of Appeal
Case number
37/2016
Judges
Shongwe, Willis, Zondi, Dambuza, Mathopo

The Supreme Court of Appeal held that the parties' failure to agree on the applicable interest rate did not render the contract invalid, as the Prescribed Rate of Interest Act provides for a default rate in such circumstances. The respondent established a valid agreement and proved that Basson repudiated it. Specific performance became impossible due to Basson's alienation of the subject matter, entitling the respondent to claim damages as a surrogate for specific performance. The majority decision in ISEP does not preclude such a claim in this context. The parties agreed on the quantum and i…

Source excerpt

  • Damages In Lieu Of Specific Performance
  • Contractual Interest Rate
  • Repudiation
  • Prescribed Rate Of Interest Act
  • Remedies For 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.