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South Africa Case Law

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Civil Procedure [2025] ZAFSHC 105

Modise Modise Legal Practitioners t/a Modise Modise Attorneys v Mangaung Metropolitan Municipality (4208/2024)

Modise Modise Legal Practitioners t/a Modise Modise Attorneys v Mangaung Metropolitan Municipality (4208/2024) [2025] ZAFSHC 105 (24 March 2025)

Court
Free State High Court, Bloemfontein
Case number
4208/2024
Judge
Ntanga AJ

The plaintiff's particulars of claim failed to plead acceptance of the defendant's offer of appointment in the mode stipulated in the letters of appointment, which was a suspensive condition for contract formation. The absence of such an averment means the pleadings do not disclose a cause of action for breach of contract. The requirement to confirm acceptance in writing was not merely administrative but a prescribed mode of acceptance necessary for a binding contract. The court accepted the defendant's exception and found that the plaintiff's pleadings were excipiable. The court did not make…

Source excerpt

  • Exception To Particulars Of Claim
  • Contract Formation
  • Mode Of Acceptance
  • Legal Practitioners Admission
  • Pleading Requirements
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Labour Law [2008] ZALC 84

Jafta v Ezemvelo KZN Wildlife (D204/07)

Jafta v Ezemvelo KZN Wildlife (D204/07) [2008] ZALC 84; [2008] 10 BLLR 954 (LC) ; (2009) 30 ILJ 131 (LC) (1 July 2008)

Court
Labour Court
Case number
D204/07
Judge
Pillay D

The court found that Jafta's SMS, which included the word 'affirmative', constituted an unequivocal acceptance of Wildlife's offer of employment. Although Jafta attempted to accept by e-mail, the evidence established that Wildlife did not receive the e-mail, and thus no acceptance occurred via that mode. However, the SMS was received by Wildlife's Human Resources Officer, who was authorised to receive such communications, and Wildlife had initiated communication via SMS, thereby acquiescing to its use as a valid mode of acceptance. The Electronic Communications Transactions Act recognises SMS…

Source excerpt

  • Electronic Communications Transactions Act
  • Contract Formation
  • Repudiation Of Contract
  • Damages For Breach
  • Mode Of Acceptance
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.