South Africa Case Law

Transarc Investments (Pty) Ltd v DKM Healthcare (Pty) Ltd (4233/2024)

Transarc Investments (Pty) Ltd v DKM Healthcare (Pty) Ltd (4233/2024) [2025] ZAECMHC 32 (6 May 2025)

Court

Eastern Cape High Court, Mthatha

Case number

4233/2024

Judge

JGA Laing

The defendant failed to disclose sufficient facts to establish a bona fide defence to the plaintiff's claim for cancellation and eviction. The lease agreement clearly places responsibility for zoning and permits on the defendant, and contains explicit clauses excluding the landlord's liability for fitness for purpose and waiving any relaxation of rights. The defendant's allegations regarding zoning and public policy are inadequately pleaded and unsupported by material facts. There is no evidence of unequal bargaining power or infringement of constitutional values that would render the no-warr…

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• Lease Agreement
• Summary Judgment
• Contractual Waiver
• Public Policy In Contract
• Zoning And Land Use
• Counterclaim For Damages

Melki Propdev Initiatives (Pty) Ltd v Cunningham (AR39/2024)

Melki Propdev Initiatives (Pty) Ltd v Cunningham (AR39/2024) [2025] ZAKZPHC 40 (24 April 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR39/2024

Judges

Henriques, N Nako, Mlaba

The court found that clause 11.7 of the sale agreement unlawfully and unfairly restricted the respondent's and other owners' rights to vote for trustees and the chairperson of the body corporate, contrary to the Sectional Titles Act and prescribed management rules. The clause unduly favoured the developer, was perpetual in effect, and violated public policy as informed by constitutional values. The court held that the principle of pacta sunt servanda does not override considerations of fairness and public policy. The non-joinder of other owners and the body corporate was not fatal, as they wo…

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• Sectional Titles Act
• Management Rules
• Public Policy In Contract
• Joinder
• Condonation
• Severance Of Contract Terms

Kgoele v Key Results Properties (Pty) Ltd and Others (94127/2016 ; 64481/2017)

Kgoele v Key Results Properties (Pty) Ltd and Others (94127/2016 ; 64481/2017) [2024] ZAGPPHC 675 (1 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

94127/2016 ; 64481/2017

Judge

Leso

The court found that property transfer documents were induced by fraudulent misrepresentation, rescinded the eviction order, and restored title to the applicant.

• Fraudulent Misrepresentation
• Rescission Of Eviction Order
• Deeds Registries Act
• Contractual Capacity
• Public Policy In Contract
• Vindication Of Property

Glowing Rooms (Pty) Ltd v Levin N O and Others (468/2023)

Glowing Rooms (Pty) Ltd v Levin N O and Others (468/2023) [2024] ZASCA 33 (28 March 2024)

Court

Supreme Court of Appeal

Case number

468/2023

Judges

Nicholls, Mbatha, Mabindla-Boqwana, Weiner, Kgoele

The Supreme Court of Appeal held that the respondents, as trustees of The Woodlands Trust, were entitled to rely on clause 2.1 of the lease agreement to terminate the lease on one month's notice. The Trust's initial denial of the existence of a lease in the first eviction application was rendered moot by the high court's finding that a lease existed, and the Trust's subsequent conduct in issuing a termination notice was consistent with the lease terms. The notice of termination was clear and unambiguous, and did not amount to repudiation. The court rejected Glowing Rooms' argument that public…

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• Lease Termination
• Repudiation
• Public Policy In Contract
• Specific Performance
• Constitutional Values In Contract
• Eviction Order

Stassen N.O and Others v Chemaly N.O and Others (5526/222)

Stassen N.O and Others v Chemaly N.O and Others (5526/222) [2023] ZAFSHC 383 (6 October 2023)

Court

Free State High Court, Bloemfontein

Case number

5526/2022

Judge

Van Rhyn

The court found that the Applicant Trust did not strictly comply with the cancellation procedure prescribed by the Sub-Lease and the undertaking FA10. The Applicant Trust had routinely afforded the Respondent Trust extended periods to remedy breaches, creating a pattern of indulgence and representations inconsistent with strict enforcement. FA10 constituted a stipulatio alteri in favour of FirstRand Bank, binding the Applicant Trust to provide an additional 20 days' notice after the initial period before cancellation. The cancellation effected by the Applicant Trust was premature, as the Resp…

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• Lease Cancellation
• Stipulatio Alteri
• Public Policy In Contract
• Non Variation Clause
• Mortgage Bond Rights
• Deeds Registries Act

Eagle Ukhozi Civils (Pty) Ltd and Another v Eastern Cape Development Corporation (CA211/2022)

Eagle Ukhozi Civils (Pty) Ltd and Another v Eastern Cape Development Corporation (CA211/2022) [2023] ZAECMKHC 59 (9 May 2023)

Court

Eastern Cape High Court, Makhanda

Case number

CA211/2022

Judges

JE Smith, RWN Brooks, N Mullins

The High Court upheld an appeal, rescinding a default judgment after finding the appellants showed a reasonable explanation for default and bona fide defences.

• Rescission Of Judgment
• Loan Agreement
• Suretyship
• Public Policy In Contract
• Counter Claim
• Rescission-of-judgment

Ixia Trading 532 (Pty) Ltd v Auto GP Motors (Pty) Limited (36584 /2020)

Ixia Trading 532 (Pty) Ltd v Auto GP Motors (Pty) Limited (36584 /2020) [2021] ZAGPJHC 614 (26 October 2021)

Court

South Gauteng High Court, Johannesburg

Case number

36584 /2020

Judge

Nichols

The High Court refused leave to appeal against an order confirming cancellation of a lease-to-purchase agreement and awarding costs on an attorney-and-client scale.

• Leave To Appeal Test
• Lease To Purchase Agreement
• Alienation Of Land Act
• Public Policy In Contract
• Substantial Performance
• Pacta Sunt Servanda

Beadica 231 CC v Sale's Hire CC (1191/2018)

Beadica 231 CC v Sale's Hire CC (1191/2018) [2020] ZASCA 76 (30 June 2020)

Court

Supreme Court of Appeal

Case number

1191/2018

Judges

Petse, Mbha, Mokgohloa, Nicholls, Gorven

The Supreme Court of Appeal refused reconsideration of its earlier refusal of special leave, holding Beadica had not shown special circumstances.

• Specific Performance
• Public Policy In Contract
• Black Economic Empowerment
• Franchise Agreements
• Unlawful Competition
• Special-leave-to-appeal

Beadica 231 CC and Others v Trustees for the time being of the Oregon Trust and Others (CCT109/19)

Beadica 231 CC and Others v Trustees for the time being of the Oregon Trust and Others (CCT109/19) [2020] ZACC 13; 2020 (5) SA 247 (CC); 2020 (9) BCLR 1098 (CC) (17 June 2020)

Court

Constitutional Court

Case number

CCT109/19

Judges

Khampepe, Froneman, Jafta, Madlanga, Majiedt, Mathopo, Mhlantla, Theron, Tshiqi, Victor

The majority held that the applicants failed to discharge the onus of demonstrating that enforcement of the lease renewal clauses would be contrary to public policy. The renewal clauses were clear, simple, and understandable, and the applicants did not provide a sufficient explanation for their failure to comply. The harsh outcome of eviction and business collapse, absent such explanation, was not enough to render enforcement contrary to public policy. The court reaffirmed that public policy is informed by constitutional values, but that abstract notions of fairness, reasonableness, and good…

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• Public Policy In Contract
• Pacta Sunt Servanda
• Section 9 Equality
• Black Economic Empowerment
• Contractual Fairness
• Ubuntu

Francis and Others v Southern Sky Hotel and Leisure (Pty) Ltd trading as Hans Merensky Hotel & Spa (2013/2016)

Francis and Others v Southern Sky Hotel and Leisure (Pty) Ltd trading as Hans Merensky Hotel & Spa (2013/2016) [2020] ZALMPPHC 8 (21 January 2020)

Court

Limpopo High Court, Polokwane

Case number

2013/2016

Judge

Ledwaba

The High Court granted final winding-up of the hotel company, finding its late public-policy attack on rental pool agreements was not bona fide or reasonable.

• Company Liquidation
• Commercial Insolvency
• Public Policy In Contract
• Enforceability Of Contracts
• Business Rescue
• Rental Pool Agreements