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South Africa decisions
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A.J.E v W.R.E and Others (2025/006632) [2025] ZAGPJHC 50 (29 January 2025)
The High Court ordered two children immediately re-enrolled at their schools after a father unilaterally withdrew them despite a court-ordered joint decision-making agreement.
Afri Blaze Projects (Pty) Ltd vs The Premier of Free State Provincial Government and Others (855/2021) [2022] ZAFSHC 238 (19 September 2022)
The High Court held that a lease dispute was subject to a contractual mediation clause, making the action premature and dismissing it with costs.
Cato Ridge Gas Company (Pty) Limited v BP Southern Africa (Pty) Limited (2021/47033) [2021] ZAGPJHC 527 (12 October 2021)
The applicant failed to establish a prima facie right to the interim interdictory relief sought. The lease agreement does not entitle the applicant to restrain the respondent from renovating the premises pending the sale and transfer of the business or mediation/arbitration. Clause 16.6 requires written notice of the projected completion date, which was provided, and the applicant was aware of the intended renovations. The applicant's reliance on fairness, reasonableness, and ubuntu as free-standing bases for relief is impermissible unless enforcement of the contract is contrary to public pol…
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One Time Dream Team Promotions and Events Management CC v Mangaung Metropolitan Municipality (630/2017) [2018] ZAFSHC 1 (31 January 2018)
In a costs-only ruling after a partial settlement, the court held that each party should bear its own costs because the plaintiff sued prematurely and the issues were only partly resolved.
Vorster NO v PM Security And Crime Prevention (Pty) Ltd T/A Hermanus (A313/2014) [2015] ZAWCHC 64 (20 May 2015)
Appeal dismissed: the court upheld dismissal of special pleas over estate-agent commission and held mediation was unnecessary where the Trust denied the contract.
Future Business Advise and Services CC v Premier of Free State (7469/2008) [2010] ZAFSHC 30 (4 March 2010)
The court held that mediation was not a mandatory step before litigation and granted specific performance, ordering the Premier to resume the tender contract.
Ukweza Holdings (Pty) Ltd v MEC for Health: North-west Province (2679/2008) [2009] ZANWHC 1 (15 January 2009)
The court refused to substitute a specific price increase, holding that the department had to negotiate bona fide under the contract and could not unilaterally fix terms.
MCB Business Solution t/a Africa Business Solutions v Premier of the Northern Cape (359/2007) [2006] ZANCHC 30 (25 May 2006)
The court found that the respondent had validly cancelled the contract in terms of clause 7.2, which allowed for immediate cancellation if services were not rendered as contemplated. The evidence showed that the applicant was informed of the cancellation at a meeting on 6 March 2007, and the respondent's version prevailed regarding the existence of a dispute at the time of cancellation. The provisions of clause 21 regarding mediation and arbitration were irreconcilable with the right of unilateral cancellation under clause 7.2, and could not deprive the respondent of its contractual remedy. T…
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