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South Africa Case Law

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Commercial And Corporate [2025] ZASCA 18

Haralambos Prokas N O and Others v Zoviflo (Pty) Ltd (61/2024)

Haralambos Prokas N O and Others v Zoviflo (Pty) Ltd (61/2024) [2025] ZASCA 18 (13 March 2025)

The SCA held that a nominee shareholders agreement could not stand alone where it was inextricably linked to an uncompleted joint venture agreement.

  • Joint Venture Agreement
  • Contract Formation
  • Nominee Shareholders Agreement
  • Offer And Acceptance
  • Enforceability Of Contracts
  • Revocation Of Offer
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Labour Law [2024] ZAGPPHC 1172

Gallant v Minister of Defence and Others (A96/2024)

Gallant v Minister of Defence and Others (A96/2024) [2024] ZAGPPHC 1172 (25 November 2024)

The court found that no binding employment contract was concluded on 29 November 2017, as the letter relied upon by the appellant was not signed by an authorised representative of SANDF and the appellant failed to meet the suspensive conditions, including medical fitness and completion of prescribed Navy courses. The covering letter did not constitute a valid offer capable of acceptance. The argument that the letter amounted to administrative action binding on SANDF was rejected, as no contract came into existence and the facts were distinguishable from Tasima. The appellant's claim that her…

  • Fixed Term Employment Contract
  • Offer And Acceptance
  • Administrative Action
  • Contractual Conditions
  • Renewal Of Employment
  • Promotion Of Administrative Justice Act
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Commercial And Corporate [2024] ZANWHC 264

Soul Africa Group (Pty) Ltd and Another v Venter Food (Pty) Ltd (CIV APP MG04.23)

Soul Africa Group (Pty) Ltd and Another v Venter Food (Pty) Ltd (CIV APP MG04.23) [2024] ZANWHC 264 (24 October 2024)

The High Court held that a binding compromise agreement had been concluded despite no signed settlement document, and dismissed the appeal with costs.

  • Contract Formation
  • Compromise Agreement
  • Offer And Acceptance
  • Consensus Ad Idem
  • Quasi Mutual Assent
  • Contract-formation
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Labour Law [2023] ZALCJHB 322

IMATU obo Espach v Polokwane Local Municipality (J 1171/17)

IMATU obo Espach v Polokwane Local Municipality (J 1171/17) [2023] ZALCJHB 322; [2024] 2 BLLR 143 (LC); (2024) 45 ILJ 308 (LC) (17 November 2023)

The Labour Court refused to make an alleged grievance settlement an order of court, finding no valid agreement and no proven right to arbitrate without conciliation.

  • Settlement Agreement
  • Jurisdiction Of Labour Court
  • Offer And Acceptance
  • Unfair Labour Practice
  • Conciliation Requirement
  • Labour-court
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Land And Property [2023] ZAECMKHC 54

Mabusela and Others v Booi and Another (CA149/2021)

Mabusela and Others v Booi and Another (CA149/2021) [2023] ZAECMKHC 54 (2 May 2023)

The High Court held that no valid land-sale agreement was concluded and granted condonation, reinstated the appeal, and set aside the court a quo’s order.

  • Alienation Of Land Act
  • Formalities Of Contract
  • Condonation
  • Appeal Lapse
  • Offer And Acceptance
  • Alienation-of-land-act
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Commercial And Corporate [2022] ZAGPJHC 641

Afrisam (South Africa) (PTY LTD) v Make Commodities (PTY) Ltd (A5075/2021; 3071/2018)

Afrisam (South Africa) (PTY LTD) v Make Commodities (PTY) Ltd (A5075/2021; 3071/2018) [2022] ZAGPJHC 641 (5 September 2022)

Appeal upheld in a coal supply dispute. The court found the general conditions of purchase governed the relationship and that the dispute had to go to arbitration.

  • Arbitration Clause
  • Contract Formation
  • Jurisdiction
  • Special Plea
  • Offer And Acceptance
  • Arbitration-clause
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Commercial And Corporate [2021] ZANWHC 62

NTGR Engineering Projects CC v Bakubung Minerals (Pty) Ltd (M320/2020)

NTGR Engineering Projects CC v Bakubung Minerals (Pty) Ltd (M320/2020) [2021] ZANWHC 62 (27 August 2021)

The court held that the parties concluded a valid, binding contract for the supply and delivery of two load haul dumpers, despite the respondent’s later refusal to sign.

  • Contract Formation
  • Quasi Mutual Assent
  • Authority To Contract
  • Offer And Acceptance
  • Contract-formation
  • Quasi-mutual-assent
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Commercial And Corporate [2020] ZAGPPHC 359

Scania Finance Southern Africa (Pty) Ltd v GJ Vermaak Vervoer (Pty) Ltd and Another (40986/2014)

Scania Finance Southern Africa (Pty) Ltd v GJ Vermaak Vervoer (Pty) Ltd and Another (40986/2014) [2020] ZAGPPHC 359 (12 August 2020)

The court held that no binding settlement was concluded by correspondence, and dismissed the defendants’ special plea of compromise with costs.

  • Compromise And Settlement
  • Novation
  • Contract Formation
  • Special Plea
  • Offer And Acceptance
  • Compromise-and-settlement
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Commercial And Corporate [2020] ZAGPPHC 387

Scania Finance Southern Africa (Pty) Ltd v GJ Vermaak Vervoer (Pty) Ltd and Another (40986/2014)

Scania Finance Southern Africa (Pty) Ltd v GJ Vermaak Vervoer (Pty) Ltd and Another (40986/2014) [2020] ZAGPPHC 387 (12 August 2020)

The court held that no binding settlement was concluded by correspondence, because acceptance did not match the offer and a formal written agreement was still required.

  • Compromise And Settlement
  • Novation
  • Contract Formation
  • Special Plea
  • Offer And Acceptance
  • Compromise-and-settlement
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Commercial And Corporate [2017] ZAGPPHC 626

Clicks Retailers (Pty) Ltd v Killarney Mall Properties (Pty) Ltd (A255/16)

Clicks Retailers (Pty) Ltd v Killarney Mall Properties (Pty) Ltd (A255/16) [2017] ZAGPPHC 626 (22 September 2017)

The court held that a lease-renewal letter was conditional and not an unequivocal exercise of the renewal option, so the appeal failed.

  • Lease Renewal Option
  • Contractual Interpretation
  • Offer And Acceptance
  • Conditional Acceptance
  • Lease-renewal-option
  • Contractual-interpretation
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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.