South Africa Case Law

Megan's Nail and Beauty Studio (PTY) LTD v Ahmed (17063/2018)

Megan's Nail and Beauty Studio (PTY) LTD v Ahmed (17063/2018) [2018] ZAGPPHC 242 (19 April 2018)

Court

North Gauteng High Court, Pretoria

Case number

17063/2018

Judge

Manamela

The court found that while the applicant had a protectable interest in its client base, it failed to provide credible evidence of actual prejudice or loss resulting from the respondent's new business. The restraint of trade clause was found to be vague and potentially unreasonable, particularly in its geographic scope and duration. The respondent's undertaking not to solicit the applicant's clients further diminished the risk of harm. The applicant's attempt to 'read down' the restraint was not warranted, as the clause itself was not sufficiently clear or reasonable to justify enforcement. Th…

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• Restraint Of Trade
• Enforceability Of Contracts
• Urgent Interdict
• Public Policy Limitation

Centpret Properties (Pty) Ltd v Gerhardus D van Loggenberg & Associates CC and Others (A382/2013)

Centpret Properties (Pty) Ltd v Gerhardus D van Loggenberg & Associates CC and Others (A382/2013) [2016] ZAGPPHC 328 (5 May 2016)

Court

North Gauteng High Court, Pretoria

Case number

A382/2013

Judges

Spilg, Jansen

The court held that the exemption clauses in the lease agreement could not be invoked by the appellant to avoid liability for damages arising from its unlawful act of spoliation. The clauses, when properly interpreted, did not extend to deliberate and unlawful acts such as spoliation, and any ambiguity must be resolved against the appellant as the proferens. Furthermore, enforcing such clauses to immunise a landlord from liability for intentional unlawful conduct would be contrary to public policy and constitutional rights, including the right to access courts, protection against unlawful dep…

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• Lease Agreement Exemption Clause
• Spoliation
• Public Policy Limitation
• Damages For Unlawful Eviction
• Contractual Interpretation

Gbenga-Oluwatoye v Reckitt Benckiser South Africa (Pty) Ltd and Another (JA95/2014)

Gbenga-Oluwatoye v Reckitt Benckiser South Africa (Pty) Ltd and Another (JA95/2014) [2016] ZALAC 4; (2016) 37 ILJ 902 (LAC); [2016] 5 BLLR 425 (LAC) (3 February 2016)

Court

Labour Appeal Court

Case number

JA 95/2014

Judges

Waglay, Coppin, Savage

The Labour Appeal Court upheld a mutual separation agreement, finding no proved duress or public-policy bar, and dismissed the employee’s appeal with costs.

• Compromise Agreement
• Duress
• Public Policy Limitation
• Contractual Waiver
• Urgent Application
• Compromise-agreement

Du Toit v Du Toit and Others (2792/2015)

Du Toit v Du Toit and Others (2792/2015) [2016] ZAFSHC 7 (22 January 2016)

Court

Free State High Court, Bloemfontein

Case number

2792/2015

Judge

J P Daffue

The court found that the Yt Rat Yt Trust was validly established, with the applicant's full participation and consent as trustee. The trust is a discretionary family trust and not the alter ego of the first respondent. The trustees acted in accordance with their fiduciary and statutory duties, and there was no evidence of misconduct or grounds for removal. The settlement agreement reached during the divorce, including the monthly payment to the applicant and its conditions, was incorporated into a court order after the applicant was represented by senior legal counsel. The applicant accepted…

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• Trust Law
• Egskeiding Settlement
• Locus Standi
• Trustee Removal
• Public Policy Limitation
• Constitutional Rights

Country Cloud Trading cc v MEC: Department of Infrastructure Development (751/12)

Country Cloud Trading cc v MEC: Department of Infrastructure Development (751/12) [2013] ZASCA 161; 2014 (2) SA 214 (SCA); [2014] 1 All SA 267 (SCA) (26 November 2013)

Court

Supreme Court of Appeal

Case number

751/12

Judges

Brand, Leach, Tshiqi, Theron, Saldulker

The Supreme Court of Appeal held that Country Cloud could not recover delictual damages for pure economic loss flowing from repudiation of a contract to which it was not a party.

• Pure Economic Loss
• Wrongfulness
• Intentional Repudiation
• Public Policy Limitation
• Contractual Liability
• Vulnerability To Risk

Minister of Education and Another v Syfrets Trust Ltd NO and Another (2544/04)

Minister of Education and Another v Syfrets Trust Ltd NO and Another (2544/04) [2006] ZAWCHC 65; 2006 (4) SA 205 (C); [2006] 3 All SA 373 (C); 2006 (10) BCLR 1214 (C) (24 March 2006)

Court

Western Cape High Court, Cape Town

Case number

2544/04

Judge

B M Griesel

The court held that the testamentary provisions restricting eligibility for the Scarbrow Bursary Fund to persons of European descent, excluding Jews and females, constitute unfair discrimination on the grounds of race, gender, and religion. Such discrimination is presumed to be unfair under section 9 of the Constitution and the Equality Act, and is contrary to contemporary public policy. The principle of freedom of testation, while fundamental, is not absolute and must yield to constitutional values of equality and non-discrimination. The court found that it is empowered under the common law,…

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• Freedom Of Testation
• Public Policy Limitation
• Unfair Discrimination
• Charitable Trusts
• Bill Of Rights Limitation

Custance v S A Local Government BargainingCouncil Others (D114/02)

Custance v S A Local Government BargainingCouncil Others (D114/02) [2003] ZALC 26; (2003) 24 ILJ 1387 (LC) (12 March 2003)

Court

Labour Court

Case number

D114/02

Judge

Pillay

Labour Court review dismissed after finding an arbitration clause could not exclude review where law allowed it, but the award was not shown to be reviewable.

• Arbitration Review
• Ouster Clause
• Procedural Fairness
• Dismissal For Misconduct
• Public Policy Limitation
• Labour-review