South Africa Case Law

Sasol South Africa (Pty) Ltd v Lawal (A1266/2019)

Sasol South Africa (Pty) Ltd v Lawal (A1266/2019) [2021] ZAGPPHC 356 (24 May 2021)

Court

North Gauteng High Court, Pretoria

Case number

A1266/2019

Judges

Bam, Mabuse, Holland-Muter

The court held that Sasol's purported cancellation of Lawal's employment contract after his retirement date was legally incompetent, as no contract of employment existed after 30 June 2015. Sasol's continuation of disciplinary proceedings post-retirement was unlawful and in violation of its own disciplinary code and the law. The findings of fraud and misrepresentation relied upon by Sasol emanated from proceedings that were a nullity due to lack of jurisdiction. The VER agreement constituted a binding contract, and Sasol failed to prove any valid ground for voiding it. The appeal was dismisse…

Source excerpt

• Termination Of Employment
• Disciplinary Proceedings
• Specific Performance
• Pacta Servanda Sunt
• Jurisdiction
• Pre Contractual Misrepresentation

Trustees for the time being of Oregon Trust v BEADICA 231 CC and Others (74/2018)

Trustees for the time being of Oregon Trust v BEADICA 231 CC and Others (74/2018) [2019] ZASCA 29; 2019 (4) SA 517 (SCA) (28 March 2019)

Court

Supreme Court of Appeal

Case number

74/2018

Judges

Lewis, Cachalia, Saldulker, Mbha, Schippers

The Supreme Court of Appeal held that the lessees failed to exercise their options to renew the leases in accordance with the contractual requirements, and the leases terminated by effluxion of time. The court found no public policy considerations or unconscionability that would justify overriding the clear terms of the lease agreements. The principle of pacta servanda sunt remains central to contract law, and courts must exercise caution in refusing to enforce contracts except in the clearest cases of public policy violation. The High Court erred in making new contracts for the parties and d…

Source excerpt

• Lease Renewal Clauses
• Public Policy In Contract
• Pacta Servanda Sunt
• Unconscionability
• Black Economic Empowerment
• Franchise Agreements

Mothapo Consulting Engineers (Pty) Ltd t/a Mothapo Projects v Nala Local Municipality (1053/2012)

Mothapo Consulting Engineers (Pty) Ltd t/a Mothapo Projects v Nala Local Municipality (1053/2012) [2012] ZAFSHC 118 (21 June 2012)

Court

Free State High Court, Bloemfontein

Case number

1053/2012

Judge

J.P. Daffue

The court found that the respondent failed to provide credible, reliable, and admissible evidence to substantiate its allegations of non-compliance with procurement legislation and its own Supply Chain Management Policy. The respondent's version was vague, unsubstantiated, and unsupported by documentation or firsthand witness evidence. Minor procedural irregularities, such as the truncated tender period and committee composition, did not amount to material breaches warranting nullification of the tender process or the Service Level Agreement. The applicant's appointment and the SLA were valid…

Source excerpt

• Municipal Procurement
• Service Level Agreement
• Legality Of Tender Process
• Interdict
• Pacta Servanda Sunt

Bank of Lisbon & South Africa v Ornelas and Another (53/85)

Bank of Lisbon & South Africa v Ornelas and Another (53/85) [1988] ZASCA 35; [1988] 2 All SA 393 (A) (30 March 1988)

Court

Supreme Court of Appeal

Case number

53/85

Judges

Rabie, Jansen, Joubert, Hefer, Grosskopf

The court held that the exceptio doli generalis remains a substantive defence and dismissed the bank’s appeal, refusing enforcement of the strict securities wording.

• Exceptio Doli Generalis
• Freedom Of Contract
• Pacta Servanda Sunt
• Public Policy
• Unconscionable Contracts
• Exceptio-doli-generalis