South Africa Case Law

Van den Berg Water (Pty) Ltd t/a Oasis Water Lynnwood and Others v Oasis Water (Pty) Ltd and Another (989/2023; 988/2023; 1120/2023)

Van den Berg Water (Pty) Ltd t/a Oasis Water Lynnwood and Others v Oasis Water (Pty) Ltd and Another (989/2023; 988/2023; 1120/2023) [2025] ZASCA 98 (4 July 2025)

Court

Supreme Court of Appeal

Case number

989/2023; 988/2023; 1120/2023

Judges

Schippers, Nicholls, Meyer, Kgoele, Phatshoane

The Supreme Court of Appeal held that the post-termination provisions in the franchise agreements were clear and enforceable, requiring franchisees to return all proprietary materials, signage, and cease using Oasis' business system and intellectual property. The evidence established that the franchisees retained and used confidential information, client lists, and marketing strategies gained during the franchise period, and continued to exploit Oasis' business system after termination. The constitutional defences and CPA-based arguments were either not properly pleaded or unsupported by evid…

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• Franchise Agreements
• Post Termination Obligations
• Consumer Protection Act
• Confidential Information
• Trade Secrets
• Unlawful Competition

Oasis Water (Pty) Ltd and Another v Bester and Another (UM70/2023)

Oasis Water (Pty) Ltd and Another v Bester and Another (UM70/2023) [2023] ZANWHC 53 (16 May 2023)

Court

North West High Court, Mafikeng

Case number

UM70/2023

Judge

Petersen

The court found that the applicants were entitled to limited interim relief enforcing certain post-termination rights under the franchise agreements, specifically the return of manuals, signage, and removal of Oasis branding from the respondents' premises. However, the applicants failed to establish a protectable proprietary interest in the purification system, shop layout, or equipment, as these were not unique or confidential to Oasis Water and were not supplied by the franchisor. The court held that the restraint of trade and broader restrictive covenants sought by the applicants were not…

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• Franchise Agreements
• Restraint Of Trade
• Passing Off
• Confidential Information
• Consumer Protection Act
• Trade Marks

Boverhoff v Aldes Business Brokers (Pty) Ltd (A62/2022)

Boverhoff v Aldes Business Brokers (Pty) Ltd (A62/2022) [2023] ZAGPPHC 591 (18 April 2023)

Court

North Gauteng High Court, Pretoria

Case number

A62/2022

Judges

Janse van Nieuwenhuizen, Kooverjie, Mngqibisa-Thusi

The High Court upheld an appeal on res judicata in part, holding that prior findings created issue estoppel on the franchise termination date and part of a restraint clause.

• Res Judicata
• Issue Estoppel
• Franchise Agreements
• Consumer Protection Act
• Restraint Of Trade
• Res-judicata

Big G Restaurants (Pty) Limited v Commissioner for the South African Revenue Service (CCT13/19)

Big G Restaurants (Pty) Limited v Commissioner for the South African Revenue Service (CCT13/19) [2020] ZACC 16; 2020 (6) SA 1 (CC); 2020 (11) BCLR 1297 (CC); 82 SATC 403 (21 July 2020)

Court

Constitutional Court

Case number

CCT13/19

Judges

Froneman, Jafta, Khampepe, Madlanga, Majiedt, Mhlantla, Theron, Tshiqi, Victor

The Constitutional Court held that Big G’s customer income did not qualify for a section 24C allowance because the income and refurbishment obligations arose under different contracts.

• Income Tax Act
• Section 24c Allowance
• Contractual Interpretation
• Franchise Agreements
• Future Expenditure
• Deductibility

Beadica 231 CC v Sale's Hire CC (1191/2018)

Beadica 231 CC v Sale's Hire CC (1191/2018) [2020] ZASCA 76 (30 June 2020)

Court

Supreme Court of Appeal

Case number

1191/2018

Judges

Petse, Mbha, Mokgohloa, Nicholls, Gorven

The Supreme Court of Appeal refused reconsideration of its earlier refusal of special leave, holding Beadica had not shown special circumstances.

• Specific Performance
• Public Policy In Contract
• Black Economic Empowerment
• Franchise Agreements
• Unlawful Competition
• Special-leave-to-appeal

Fournews Developments (Pty) Ltd v Brand Contact Consultant CC (A5060/2018)

Fournews Developments (Pty) Ltd v Brand Contact Consultant CC (A5060/2018) [2019] ZAGPJHC 371 (27 August 2019)

Court

South Gauteng High Court, Johannesburg

Case number

A5060/2018

Judges

FHD Van Oosten, R Keightley, A Crutchfield

The High Court held that Fournews did not repudiate a franchise agreement, finding its payment demands were conditional and aimed at securing performance.

• Repudiation Of Contract
• Franchise Agreements
• Damages For Breach
• Contractual Cancellation
• Repudiation-of-contract
• Franchise-agreements

Trustees for the time being of Oregon Trust v BEADICA 231 CC and Others (74/2018)

Trustees for the time being of Oregon Trust v BEADICA 231 CC and Others (74/2018) [2019] ZASCA 29; 2019 (4) SA 517 (SCA) (28 March 2019)

Court

Supreme Court of Appeal

Case number

74/2018

Judges

Lewis, Cachalia, Saldulker, Mbha, Schippers

The Supreme Court of Appeal held that the lessees failed to exercise their options to renew the leases in accordance with the contractual requirements, and the leases terminated by effluxion of time. The court found no public policy considerations or unconscionability that would justify overriding the clear terms of the lease agreements. The principle of pacta servanda sunt remains central to contract law, and courts must exercise caution in refusing to enforce contracts except in the clearest cases of public policy violation. The High Court erred in making new contracts for the parties and d…

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• Lease Renewal Clauses
• Public Policy In Contract
• Pacta Servanda Sunt
• Unconscionability
• Black Economic Empowerment
• Franchise Agreements

B v Commissioner for the South African Revenue Services (IT14240)

B v Commissioner for the South African Revenue Services (IT14240) [2017] ZATC 3; 80 SATC 223 (3 November 2017)

Court

Tax Court

Case number

IT14240

Judge

J I Cloete

The Tax Court held that franchise income and refurbishment obligations arose under the same contract, allowing a section 24C deduction for future expenditure.

• Income Tax Act Section 24c
• Franchise Agreements
• Future Expenditure Allowance
• Contractual Obligations
• Tax Deductions
• Income-tax-act-section-24c

Superstrike Investments 53 (Pty) Ltd v Siyakha Management Services (Pty) Ltd and Others (2006/2035)

Superstrike Investments 53 (Pty) Ltd v Siyakha Management Services (Pty) Ltd and Others (2006/2035) [2015] ZAGPJHC 78 (29 April 2015)

Court

South Gauteng High Court, Johannesburg

Case number

2006/2035

Judge

A.C. Basson

The court held that the defendants fraudulently misrepresented their authority to open a Fruit & Veg City store, inducing the lease and its cancellation.

• Fraudulent Misrepresentation
• Franchise Agreements
• Anticipatory Breach
• Lease Agreement
• Damages
• Parol Evidence Rule

Dovelight Trading 17 (Pty) Ltd T/A Auto Mate Service Centre v Scyton Autocc Formely Auto Mate Fourways and Others (2013/39121)

Dovelight Trading 17 (Pty) Ltd T/A Auto Mate Service Centre v Scyton Autocc Formely Auto Mate Fourways and Others (2013/39121) [2014] ZAGPJHC 206 (21 May 2014)

Court

South Gauteng High Court, Johannesburg

Case number

2013/39121

Judge

Nicholls

The High Court enforced a franchise restraint of trade against the second respondent, finding the restraint survived non-fulfilment of a suspensive condition.

• Restraint Of Trade
• Franchise Agreements
• Assignment Of Rights
• Contractual Interpretation
• Restraint-of-trade
• Franchise-agreements