South Africa Case Law

Gowar Investments (Pty) Ltd v Section 3 Dolphin Coast Medical Centre CC and Another (474/05)

Gowar Investments (Pty) Ltd v Section 3 Dolphin Coast Medical Centre CC and Another (474/05) [2006] ZASCA 136; 2007 (3) SA 100 (SCA) (30 November 2006)

Court

Supreme Court of Appeal

Case number

474/05

Judges

Farlam, Mthiyane, Brand, Heher, Combrinck

The Supreme Court of Appeal held that the purpose of section 2(2A) of the Alienation of Land Act is to bring the purchaser's statutory cooling-off rights under section 29A to the purchaser's attention, not to create enforceable rights for the seller or to render the contract automatically void for non-compliance. The language of section 2(2A) differs from section 2(1), which expressly provides for nullity in the event of non-compliance. The court found that the Legislature intended the agreement to be voidable at the instance of the purchaser, who may elect to abide by or resile from the cont…

Source excerpt

• Alienation Of Land Act
• Cooling Off Period
• Formalities Of Deeds
• Specific Performance