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South Africa decisions
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Interstate Bus Lines (Pty) Ltd v Venter NO and Others (JR1840/11) [2015] ZALCJHB 269 (20 August 2015)
The Labour Court set aside an arbitration award after finding the commissioner exceeded his powers by redefining the agreed issue in an incentive dispute.
Emfuleni Local Municipality v Tau Ya Mariri Transport and General Services CC (2012/29984) [2013] ZAGPJHC 28 (21 February 2013)
The High Court ordered implementation of an adjudicator’s award under a construction adjudication agreement, including procuring an engineer’s certificate and payment.
Chang on Behalf of the King William’s Town Property Trust v Coral Blue Trading NO.3 CC (6158/2007) [2008] ZAECHC 26 (10 March 2008)
The court held that the installation of a geyser did not constitute an alteration or addition as intended by clause 8 of the lease agreements, as it was not a permanent change and was functionally related to the business purpose of the premises. Even assuming breaches of clauses 9 and 11 regarding contravention of laws and fire insurance, these breaches were not sufficiently serious to justify cancellation of the leases. The extraordinary remedy of cancellation requires a material breach that goes to the root of the contract, which was not present in this case. Furthermore, the applicant fail…
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OK Bazaars 1929 Ltd v Cash-In CC (320/91) [1993] ZASCA 204; 1994 (2) SA 347 (AD); [1994] 3 All SA 570 (AD) (2 December 1993)
The Supreme Court of Appeal held that clause 3.1 of the lease required the appellant to have faithfully carried out all terms and conditions throughout the lease period, not merely to be free of subsisting breaches at expiry. The persistent failure by the appellant to deliver auditor's certificates timeously constituted a serious breach, despite the absence of actual financial loss to the respondent. The court rejected the appellant's argument that only material or subsisting breaches should preclude renewal, and that 'faithfully' meant 'reasonably'. The court found that the renewal clause in…
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Witbank Extension Properties (Pty) Ltd. v Venter (100/84) [1985] ZASCA 90 (20 September 1985)
The court held that the oral sand-removal agreement required proper restoration of the land for township purposes and awarded damages based on the cost of restoration.
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