South Africa Case Law

ABSA Bank Limited v Rosenburg and Another (1255/2022)

ABSA Bank Limited v Rosenburg and Another (1255/2022) [2024] ZASCA 58 (24 April 2024)

Court

Supreme Court of Appeal

Case number

1255/2022

Judges

Petse, Mokgohloa, Mothle, Binns Ward, Tokota

The Supreme Court of Appeal held that the guarantee agreement was not enforceable against the respondents because ABSA Bank failed to perform its reciprocal obligation to increase the credit facility as contemplated in the agreement. The court found that the guarantee was provided as a condition precedent for the contemplated increase in the facility, and the respondents' liability as guarantors would only arise once ABSA Bank had implemented the increased facility. The principle of reciprocity applied, and the respondents were entitled to raise the exceptio non adempleti contractus as a defe…

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• Guarantee Agreement
• Contractual Interpretation
• Exceptio Non Adempleti Contractus
• Reciprocity Of Obligations
• Enforceability Of Guarantees

Med 24-7 (Pty) Ltd v Kruger and Others (5872/2021)

Med 24-7 (Pty) Ltd v Kruger and Others (5872/2021) [2022] ZAFSHC 79 (19 April 2022)

Court

Free State High Court, Bloemfontein

Case number

5872/2021

Judge

Naidoo

High Court dismissed an application to enforce restraint of trade clauses against former ambulance-service employees, finding no enforceable Bloemfontein restraint on the papers.

• Restraint Of Trade
• Enforceability Of Contracts
• Protectable Interest
• Unlawful Competition
• Public Policy
• Exceptio Non Adempleti Contractus

Thobejane v Vermeulen N.O and Others (CIV APP MB02/2021)

Thobejane v Vermeulen N.O and Others (CIV APP MB02/2021) [2021] ZANWHC 75 (4 November 2021)

Court

North West High Court, Mafikeng

Case number

CIV APP MB02/2021

Judges

Mtembu, Hendricks

The court found that the suspension of the liquor licence was primarily due to the third respondent's failure to comply with sections 38 and 39 of the Liquor Act, which were antecedent obligations under the lease agreements. The appellant was deprived of the use and enjoyment of the leased premises as contemplated by the lease, and the respondents, as lessors, had not rendered their own performance. The principle of reciprocity applied, entitling the appellant to invoke the defence of exceptio non adempleti contractus and withhold rental payments. The Magistrate's court erred in finding other…

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• Lease Agreement
• Exceptio Non Adempleti Contractus
• Specific Performance
• Reciprocal Obligations
• Liquor Licensing
• Non Compliance With Statutory Requirements

Megafreight Services (Pty) Ltd Bezuidenhout and Another (J1591/19)

Megafreight Services (Pty) Ltd Bezuidenhout and Another (J1591/19) [2019] ZALCJHB 218 (28 August 2019)

Court

Labour Court Johannesburg

Case number

J1591/19

Judge

Van Niekerk

The Labour Court dismissed an urgent application to enforce restraint undertakings because the employer had not paid commission allegedly due, allowing an exceptio defence.

• Restraint Of Trade
• Exceptio Non Adempleti Contractus
• Commission Entitlement
• Breach Of Employment Contract
• Restraint-of-trade
• Exceptio-non-adimpleti-contractus

Moving Violations Systems Phumelelo (Pty) Ltd v The City of Johannesburg Metropolitan Municipality (A5028/2018)

Moving Violations Systems Phumelelo (Pty) Ltd v The City of Johannesburg Metropolitan Municipality (A5028/2018) [2019] ZAGPJHC 143 (16 April 2019)

Court

South Gauteng High Court, Johannesburg

Case number

A5028/2018

Judges

I Opperman, B Vally, L Windell

The court held that the appellant was not entitled to payment of the R8 086 720.66 invoice. The underlying infringements related to the Misgund intersection, which was outside the contractually defined Roodepoort Magisterial District. The appellant failed to establish a contractual basis for payment, as there was no consensus or mutual agreement covering these infringements. Offers or admissions made by the respondent, including the rule 34 offer and statements during arbitration, did not create a new cause of action, as they were either withdrawn or not accepted. The claim was either barred…

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• Specific Performance
• Contractual Consensus
• Prescription
• Res Judicata
• Exceptio Non Adempleti Contractus

NEAH GES (Pty) Ltd and Another v Lamprecht and Others, Lamprecht v NEAH GES Africa (Pty) Ltd (33286/16)

NEAH GES (Pty) Ltd and Another v Lamprecht and Others, Lamprecht v NEAH GES Africa (Pty) Ltd (33286/16) [2017] ZAGPPHC 102 (14 February 2017)

Court

North Gauteng High Court, Pretoria

Case number

33286/16

Judge

S P Mothle

The court found that the applicants established a prima facie case for damages or reduction of the purchase price based on breaches of non-solicitation, failure to provide financial records, and non-disclosure of tax liabilities. The exceptio non adempleti contractus defence was held to be valid at this stage, excusing the applicants from payment pending action for damages. The restraint of trade and non-solicitation clauses remain binding and have not become void. The liquidation proceedings are stayed pending the outcome of the action for damages, and the counter application may be heard to…

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• Restraint Of Trade
• Exceptio Non Adempleti Contractus
• Sale Of Shares
• Interim Interdict
• Non Solicitation
• Actio Quanti Minoris

Swart v University of the North (J986/03)

Swart v University of the North (J986/03) [2007] ZALCJHB 65 (3 August 2007)

Court

Labour Court Johannesburg

Case number

J986/03

Judge

Francis

The court found that a valid agreement for voluntary retrenchment was concluded between the applicant and the respondent on 16 August 2000. However, the applicant failed to comply with the strict terms of the agreement by not terminating his employment on 30 November 2000 as required. Instead, he continued working until 31 July 2001 and received additional benefits not available to other employees who had terminated their services in accordance with the agreement. The applicant's conduct demonstrated uncertainty regarding the validity of the agreement and a desire to await the outcome of rela…

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• Specific Performance
• Voluntary Retrenchment
• Exceptio Non Adempleti Contractus
• Repudiation Of Contract

Swart v University of the North (J986/03)

Swart v University of the North (J986/03) [2007] ZALC 180; [2007] 11 BLLR 1088 (LC); (2007) 28 ILJ 2821 (LC) (3 August 2007)

Court

Labour Court

Case number

J986/03

Judge

Francis

The court found that although a valid voluntary retrenchment agreement was concluded between the applicant and respondent, the applicant failed to comply with his reciprocal obligation to terminate his services on 30 November 2000 as required by the agreement. Instead, he continued working until 31 July 2001, receiving benefits not available to other retrenched employees. The applicant's conduct indicated uncertainty regarding the validity of the agreement and an intention to await the outcome of related litigation before acting. The principle of exceptio non adempleti contractus applied, pre…

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• Specific Performance
• Voluntary Retrenchment
• Contractual Repudiation
• Exceptio Non Adempleti Contractus

Dj Lib Bk v HDW Beleggings BK (834/2006)

Dj Lib Bk v HDW Beleggings BK (834/2006) [2007] ZANCHC 27 (30 March 2007)

Court

Northern Cape High Court, Kimberley

Case number

834/2006

Judge

Lacock R

The court held that the sale agreement was lawfully cancelled after the respondent failed to provide guarantees within the time allowed.

• Specific Performance
• Contract Cancellation
• Sale Of Land
• Notice Requirements
• Exceptio Non Adempleti Contractus
• Contract-cancellation