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

Rocker v Alegrand General Dealers and Auctioneers (Pty) Ltd t/a Grand Auctions (93039/2016)

Rocker v Alegrand General Dealers and Auctioneers (Pty) Ltd t/a Grand Auctions (93039/2016) [2017] ZAGPPHC 896 (1 December 2017)

Court

North Gauteng High Court, Pretoria

Case number

93039/2016

Judge

Mudau

The High Court set aside an auction sale of a vehicle sold as a GTI after finding that it was materially misrepresented and ordered a refund, interest, and costs.

• Misrepresentation
• Voetstoots Clause
• Rescission Of Contract
• Refund Of Purchase Price
• Auction Sale
• Pre Contractual Misrepresentation