South Africa Case Law

Ithemba Sky Mark Security All Services (Pty) Ltd v Ithemba Sky Mark Security Services Cape Town CC and Another (21535/2022)

Ithemba Sky Mark Security All Services (Pty) Ltd v Ithemba Sky Mark Security Services Cape Town CC and Another (21535/2022) [2023] ZAGPJHC 772 (20 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

21535/2022

Judge

Pearse AJ

The High Court declared a deed of cession null and void ab initio because it transferred the applicant’s business contracts without shareholder approval or client consent.

• Deed Of Cession
• Company Asset Disposal
• Shareholder Resolution
• Delegation Of Contractual Obligations
• Delectus Personae
• Nullity Of Contract

University of Johannesburg v Auckland Park Theological Seminary and Another (CCT 70/20)

University of Johannesburg v Auckland Park Theological Seminary and Another (CCT 70/20) [2021] ZACC 13; 2021 (8) BCLR 807 (CC) ; 2021 (6) SA 1 (CC) (11 June 2021)

Court

Constitutional Court

Case number

CCT 70/20

Judges

Mogoeng, Jafta, Khampepe, Madlanga, Mathopo, Mhlantla, Theron, Tshiqi

The Constitutional Court held that the Supreme Court of Appeal erred by excluding contextual evidence in interpreting the lease agreement and by conflating the absence of a non-cession clause with the absence of delectus personae. The correct approach to contractual interpretation is unitary, requiring consideration of text, context, and purpose from the outset. The evidence showed that the lease was concluded specifically to support ATS's project of establishing a theological college, with ministerial approval sought for ATS as lessee. The rights under the lease were personal to ATS, and ces…

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• Contractual Interpretation
• Delectus Personae
• Parol Evidence Rule
• Lease Agreement
• Cession Of Rights
• Repudiation

Auckland Park Theological Seminary v University of Johannesburg (1160/2018)

Auckland Park Theological Seminary v University of Johannesburg (1160/2018) [2020] ZASCA 24; [2020] HIPR 110 (SCA) (25 March 2020)

Court

Supreme Court of Appeal

Case number

1160/2018

Judges

Ponnan, Van der Merwe, Molemela, Dlodlo, Ledwaba

The Supreme Court of Appeal held that the lease rights were not personal to the lessee and could be ceded. Oral evidence could not vary the written lease.

• Notarial Long Lease
• Delectus Personae
• Cession Of Rights
• Parol Evidence Rule
• Contract Interpretation
• Parol-evidence-rule

Propell Specialised Finance (Pty) Ltd v Attorneys Insurance Indemnity Fund NPC (1147/2017)

Propell Specialised Finance (Pty) Ltd v Attorneys Insurance Indemnity Fund NPC (1147/2017) [2018] ZASCA 142; [2019] 1 All SA 79 (SCA); 2019 (2) SA 221 (SCA) (28 September 2018)

Court

Supreme Court of Appeal

Case number

1147/2017

Judges

Lewis, Saldulker, Zondi, Mathopo, Mokgohloa

The Supreme Court of Appeal held that indemnity rights under a professional insurance policy for attorneys were not capable of cession without the insurer’s consent.

• Insurance Contracts
• Cession Of Rights
• Delectus Personae
• Pactum De Non Cedendo
• Professional Indemnity
• Locus Standi

Auckland Park Theological Seminary and Another v University of Johannesburg (A5017/17)

Auckland Park Theological Seminary and Another v University of Johannesburg (A5017/17) [2018] ZAGPJHC 490 (4 July 2018)

Court

South Gauteng High Court, Johannesburg

Case number

A5017/17

Judges

FHD Van Oosten, Z Carelse, Wright

The High Court dismissed an appeal over a notarial lease cession, holding the lease was personal to the Seminary and the cession to Wamjay repudiated it.

• Notarial Long Lease
• Cession Of Rights
• Delectus Personae
• Repudiation
• Ministerial Consent
• Eviction

Propell Specialised Finance (Pty) Ltd v Attorneys Insurance Indemnity Fund NPC and Others (16864/2013)

Propell Specialised Finance (Pty) Ltd v Attorneys Insurance Indemnity Fund NPC and Others (16864/2013) [2017] ZAWCHC 71; [2017] 3 All SA 1005 (WCC) (30 June 2017)

Court

Western Cape High Court, Cape Town

Case number

16864/2013

Judge

D V Dlodlo

The court found that the insurance policy and the Attorneys Act create a personal and closed relationship between the first defendant and practising attorneys, which is not capable of being transferred to non-attorneys by way of cession. The rights to indemnification under the policy originate from legislation and are restricted to practitioners, and the policy contains clauses that, expressly or tacitly, prohibit cession. The purported cession to the plaintiff, a non-practitioner, is invalid in law, and the plaintiff lacks locus standi in iudicio to claim against the first defendant. Further…

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• Insurance Contracts
• Cession
• Delectus Personae
• Pactum De Non Cedendo
• Interpretation Of Contracts
• Stay Of Proceedings

University of Johannesburg v Auckland Park Theological Seminary (Pty) Ltd and Others (39717/2012)

University of Johannesburg v Auckland Park Theological Seminary (Pty) Ltd and Others (39717/2012) [2017] ZAGPJHC 382 (10 March 2017)

Court

South Gauteng High Court, Johannesburg

Case number

39717/2012

Judge

Victor

The court held that a notarial long-term lease was personal to the University of Johannesburg’s theological tenant and could not be ceded to a third party.

• Long Term Lease
• Delectus Personae
• Cession Of Rights
• Repudiation
• Interpretation Of Contracts
• Long-term-lease

Densam (Pty) Ltd. v Cywilnat (Pty) Ltd. (470/1988)

Densam (Pty) Ltd. v Cywilnat (Pty) Ltd. (470/1988) [1990] ZASCA 120; 1991 (1) SA 100 (AD); [1991] 1 All SA 275 (A) (28 September 1990)

Court

Supreme Court of Appeal

Case number

470/1988

Judges

Botha, Eksteen, F.H. Grosskopf, Friedman, Nienaber

The Supreme Court of Appeal held that the bank's claim against Densam was cedable, as the nature of Densam's obligation to pay the overdraft did not make it personal to the extent that it mattered who enforced the claim. The duty of confidentiality between banker and customer does not, in itself, render the claim non-cedable. The wording of the security cession of book debts, which included 'order or assigns', expressly authorized the bank to cede its rights to a third party, and Densam had given advance consent. The evidence showed that the intention was to cede the whole claim, not just par…

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• Cession Of Claims
• Delectus Personae
• Confidentiality In Banking
• Security Cession
• Pactum De Non Cedendo
• Interpretation Of Contracts

Fleming v Fleming and Another (328/87)

Fleming v Fleming and Another (328/87) [1988] ZASCA 158; [1989] 4 All SA 417 (AD) (29 November 1988)

Court

Supreme Court of Appeal

Case number

328/87

Judges

Corbett, Joubert, Vivier, Steyn, Eksteen

The court held that the relevant regulations at the time prohibited the transfer of egg production permits, and the second respondent was not empowered to substitute permit holders or issue a new permit to the first respondent. The issuance of permit 4/125/06 to the first respondent was therefore ultra vires and a nullity. The prohibition in regulation 9 was absolute and applied to the administrative authority, not merely to private parties. The appellant's rights in permit 4/125/05 were not determined, as the appeal focused on the validity of the first respondent's permit. The conduct of the…

Source excerpt

• Statutory Permit Transfer
• Delectus Personae
• Egg Production Regulation
• Nullity Of Administrative Action