South Africa Case Law

Elan Boulevard (Pty) Ltd v Fnyn Investments (Pty) Ltd and Others (228/2018)

Elan Boulevard (Pty) Ltd v Fnyn Investments (Pty) Ltd and Others (228/2018) [2018] ZASCA 165; 2019 (3) SA 441 (SCA) (29 November 2018)

Court

Supreme Court of Appeal

Case number

228/2018

Judges

Ponnan, Dambuza, Mocumie, Schippers, Mathie

The Supreme Court of Appeal held that the judgment of the Supreme Court of Queensland was final and conclusive, as the respondents conceded liability except for their counterclaim, which was dismissed. The correction of the quantum of liability for Nadia Essack did not affect the finality of the judgment, as her liability under the guarantee remained undisputed. The court found that the contracts and guarantees imposed joint and several liability, and that the intention of the Australian court was to hold the respondents jointly and severally liable for the amounts claimed. The Protection of…

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• Recognition Of Foreign Judgments
• Finality Of Judgment
• Joint And Several Liability
• Protection Of Businesses Act
• Guarantee Liability

Ex parte: Balkan Energy Limited and Another; In re: Balkan Energy Limited and Another v Government of the Republic of Ghana (17/18638)

Ex parte: Balkan Energy Limited and Another; In re: Balkan Energy Limited and Another v Government of the Republic of Ghana (17/18638) [2017] ZAGPJHC 197; 2017 (5) SA 428 (GJ) (29 June 2017)

Court

South Gauteng High Court, Johannesburg

Case number

17/18638

Judge

S Kuny

The court held that it has jurisdiction to recognise and enforce the foreign arbitral award under section 2 of the Recognition and Enforcement of Foreign Arbitral Awards Act 40 of 1977, provided that property of the respondent is attached within the jurisdiction. The attachment of shares in AngloGold Ashanti Limited, held by the Government of Ghana, is sufficient to found jurisdiction. The Power Purchase Agreement does not fall within the scope of the Protection of Businesses Act, as it concerns the supply of electricity and not raw materials. Clause 24 of the PPA constitutes a waiver of immu…

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• Recognition And Enforcement Of Foreign Arbitral Awards
• Attachment To Found Jurisdiction
• Foreign State Immunity
• Edictal Citation
• New York Convention
• Protection Of Businesses Act

International Fruit Genetics LLC v Redelinghuys NO and Others (24870/16)

International Fruit Genetics LLC v Redelinghuys NO and Others (24870/16) [2017] ZAWCHC 6; 2019 (4) SA 174 (WCC) (7 February 2017)

Court

Western Cape High Court, Cape Town

Case number

24870/16

Judge

Rogers

The court held that the Protection of Businesses Act does not apply to the vines and grapes in question, as they do not constitute 'matter or material' within the meaning of the Act. The assertion by the PER Redelinghuys Familie Trust of independent contractual rights was found to be patently untenable and rejected on the papers; there was no genuine dispute of fact. The licensing agreements were validly terminated due to AMT's breaches. Although the Californian judgment is final and enforceable, the court exercised its discretion to partially stay enforcement pending the outcome of the appea…

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• Recognition And Enforcement Of Foreign Judgments
• Protection Of Businesses Act
• Contractual Breach
• Urgent Interdict
• Trust Law

Danielson v Human and Another (19118/2015)

Danielson v Human and Another (19118/2015) [2016] ZAWCHC 92; 2017 (1) SA 141 (WCC) (1 August 2016)

Court

Western Cape High Court, Cape Town

Case number

19118/2015

Judge

J Cloete

The High Court recognised and enforced a US judgment, holding that the Protection of Businesses Act did not apply and the RICO treble damages were not punitive.

• Enforcement Of Foreign Judgments
• Protection Of Businesses Act
• Public Policy Exception
• Compensatory Vs Punitive Damages
• Enforcement-of-foreign-judgments
• Protection-of-businesses-act

Fattouche v Khumalo (508/2012)

Fattouche v Khumalo (508/2012) [2014] ZAGPJHC 102 (6 May 2014)

Court

South Gauteng High Court, Johannesburg

Case number

508/2012

Judge

Weiner

The court held that the foreign arbitral award sought to be enforced arises from a sale of shares agreement and not from a transaction involving raw materials or substances as contemplated by section 1(3) of the Protection of Businesses Act. The restrictive interpretation adopted by South African courts excludes shares from the ambit of 'matter or material,' even if the shares are in a mining company. Therefore, ministerial approval is not required for enforcement. The respondent's defence of pactum de non petendo was rejected as unsupported by the evidence and correspondence between the part…

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• Recognition And Enforcement Of Foreign Arbitral Awards
• Protection Of Businesses Act
• Sale Of Shares
• Public Policy Exception
• Constitutional Review