South Africa Case Law

Comwezi Security Services (Pty) Ltd and Another v Cape Empowerment Trust Ltd (182/13)

Comwezi Security Services (Pty) Ltd and Another v Cape Empowerment Trust Ltd (182/13) [2014] ZASCA 22 (28 March 2014)

Court

Supreme Court of Appeal

Case number

182/13

Judges

Mpati, Lewis, Bosielo, Wallis, Van Zyl

The Supreme Court of Appeal held that Comwezi's refusal to cooperate in the due diligence investigation constituted a wrongful repudiation of the settlement agreement. CET, as the innocent party, elected not to accept the repudiation and insisted on performance. The court found that CET's obligation to complete the due diligence investigation within the stipulated period was suspended due to Comwezi's breach, as CET could not perform without Comwezi's cooperation. The principle that a party cannot benefit from its own wrongful conduct was applied, and the court rejected Comwezi's attempt to r…

Source excerpt

• Repudiation Of Contract
• Settlement Agreement
• Mutuality Of Performance
• Resolutive Condition
• Contractual Obligations

Ashcor Secunda (Pty) Ltd v Sasol Synthetic Fuels (Pty) Ltd (624/10)

Ashcor Secunda (Pty) Ltd v Sasol Synthetic Fuels (Pty) Ltd (624/10) [2011] ZASCA 158 (28 September 2011)

Court

Supreme Court of Appeal

Case number

624/10

Judges

Brand, Ponnan, Cachalia, Shongwe, Plasket

The Supreme Court of Appeal dismissed Ashcor’s appeal, holding that the contract did not oblige Sasol to go beyond the express repair limits or add inconsistent tacit terms.

• Contract Interpretation
• Repudiation
• Implied And Tacit Terms
• Rectification
• Mutuality Of Performance
• Contract-interpretation