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South Africa decisions
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Hennie's Sports Bar Pty (Ltd) v Ryall Trading CC and Another (045487/2025) [2025] ZAGPPHC 696 (27 June 2025)
The High Court dismissed an urgent interdict application arising from a letter of intent to buy an aircraft, finding no enforceable right without a deadlock-breaking mechanism.
SA Taxi Impact Fund (RF) (Pty) Ltd v Jacobs (10003/2023) [2024] ZAWCHC 278; [2025] 1 All SA 538 (WCC) (25 September 2024)
The court found that the applicant lawfully terminated the credit agreement and debt review process after the respondent defaulted and failed to make required payments. The applicant participated in good faith in debt review negotiations, making multiple counter-proposals and offering extensions, but the respondent did not meet the terms. The respondent's claim of reckless credit was unsupported, as the applicant relied on the respondent's own financial representations and conducted an industry-standard assessment. The respondent failed to provide sufficient evidence of reckless credit or bon…
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Roazar CC v Falls Supermarket CC (232/2017) [2017] ZASCA 166; [2018] 1 All SA 438 (SCA); 2018 (3) SA 76 (SCA) (29 November 2017)
The Supreme Court of Appeal held that the lease agreement between Roazar CC and Falls Supermarket CC did not require the parties to negotiate renewal terms in good faith, nor did it contain a deadlock-breaking mechanism that would render such a duty enforceable. The contract expressly allowed either party to terminate the lease on one month's notice if no agreement on renewal terms was reached. The court found that the respondent had not exercised its right of renewal within the stipulated period and that negotiations had failed to produce agreement. The court rejected the argument that const…
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Roazar CC v Falls Supermarket CC (12328/2016) [2016] ZAGPJHC 393; [2017] 2 All SA 665 (GJ) (23 December 2016)
The court dismissed an eviction application, holding that the tenant had a valid option to renew and that renewal negotiations in good faith were enforceable.
Mwelase and Others v Director-General for the Department of Rural Development and Land Reform and Others (LCC107/2013) [2016] ZALCC 21 (14 November 2016)
The court found that although the Minister may have erred in interpreting the order, his actions did not amount to wilful or mala fide non-compliance. The Minister genuinely believed that his conduct was in compliance with the court order, and there was no evidence of deliberate disregard for the authority of the court. The order required good faith negotiation, but the Minister's interpretation and subsequent actions, while possibly mistaken, were not shown to be in bad faith. As a result, the requirements for contempt of court were not met, and the application was dismissed.
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Nedbank Limited v Van der Westhuizen (30650/2013) [2014] ZAGPJHC 255 (5 June 2014)
The court granted summary judgment allowing Nedbank to enforce an instalment sale agreement after debt review was validly terminated under the NCA.
Golden Arrow Bus Services (Pty) Ltd v City of Cape Town and Others, In re: City of Cape Town v Golden Arrow Bus Services (Pty) Ltd and Others (11785/12) [2013] ZAWCHC 60 (26 April 2013)
The court held that regulation 2(5) of the National Land Transport Regulations does not provide a mechanism for compulsory mediation or arbitration in the context of section 41 negotiations. The disputes between the applicant and the City arose from negotiations aimed at the conclusion of section 41 contracts, not amendments to existing contracts under section 46. Mediation and arbitration procedures are only available for disputes arising under section 46, as provided by the Act and regulations. The City was not obliged to negotiate every issue to consensus, nor to refer deadlocks under sect…
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New Dawn Technologies (Pty) Ltd v Minister of Home Affairs and Another (26441/2010) [2012] ZAGPPHC 350 (4 December 2012)
The court held that a tender bid could be contractually binding on acceptance, but upheld an exception to the alternative claim based on a duty to negotiate in good faith.
Shoprite Checkers (Pty) Ltd v Everfresh Market Virginia (Pty) Ltd t/a Wild Break 166 (Pty) Ltd (6675/09) [2010] ZAKZPHC 34 (25 May 2010)
The court held that a lease renewal clause requiring rental to be agreed was unenforceable, and granted eviction because the tenant had no legal basis to stay.
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