South Africa Case Law

Pareto Limited and Another v Kotze (14109/2024)

Pareto Limited and Another v Kotze (14109/2024) [2025] ZAWCHC 338 (8 August 2025)

Court

Western Cape High Court, Cape Town

Case number

14109/2024

Judge

J Cloete

The court found that only the Covid-19 defence raised a triable issue, specifically whether the lockdown regulations hindered or prevented the tenant from performing under the lease, thereby entitling the tenant to further rental remission under the force majeure clause. The plaintiffs failed to engage substantively with the contractual provisions regarding hindered performance and remission of rent, and the defendant's submissions on this point met the threshold for a triable issue. The other defences—regarding unliquidated amounts, renegotiated rental, and ambiguity in the deed of suretyshi…

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• Lease Agreement
• Force Majeure
• Covid 19 Regulations
• Summary Judgment
• Remission Of Rent

Gumede and Others v Nyama and Chips CC and Another (2017/15168)

Gumede and Others v Nyama and Chips CC and Another (2017/15168) [2025] ZAGPJHC 26 (16 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2017/15168

Judge

Nico van der Walt

The court found that the exceptions raised by Mergence were unfounded. The allegations regarding the Tsakane store were irrelevant but did not detract from Nyama's core defence, which was based on denial of access to the Protea Point property. Nyama's plea was not mutually destructive, as it was entitled to suspend performance due to Mergence's repudiation prior to rental becoming due. Nyama properly pleaded fulfilment of contractual preconditions for deposit repayment. The lease agreement did not clearly exclude Nyama's claim for loss of profits, which could qualify as general damages in the…

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• Lease Agreement
• Repudiation
• Exceptions To Pleadings
• Deposit Repayment
• Loss Of Profits
• Remission Of Rent

Reitz 21 CC v Siebrits and Others (A91/2023)

Reitz 21 CC v Siebrits and Others (A91/2023) [2024] ZAGPPHC 70; - (31 January 2024)

Court

North Gauteng High Court, Pretoria

Case number

A91/2023

Judges

L I Vorster, C J van der Westhuizen

The High Court held that Covid-19 movement restrictions did not make the lease impossible to perform and that the respondents repudiated the agreement.

• Lease Agreement
• Supervening Impossibility
• Contract Interpretation
• Repudiation
• Remission Of Rent
• Lease-agreement

Aludar 233 CC v Unlocked Properties 28 (Pty) Ltd (A3148/2021)

Aludar 233 CC v Unlocked Properties 28 (Pty) Ltd (A3148/2021) [2023] ZAGPJHC 1297 (14 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A3148/2021

Judges

S D J Wilson, A Crutchfield

The court held that summary judgment was inappropriate because there were genuine factual disputes regarding whether the lease was terminated by supervening impossibility of performance due to Covid-19 regulations. The exclusion clause did not conclusively prevent Aludar from raising impossibility as a defence, especially since the sole permitted use of the premises was rendered illegal. The effect of the regulations may have voided the entire contract, and public policy considerations required evidence to be led at trial. The matter raised triable issues that should be determined at trial, n…

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• Lease Agreement
• Supervening Impossibility
• Summary Judgment
• Public Policy
• Remission Of Rent

Emira Property Fund Limited and Another v Bramlou Projects Solutions (Pty) Ltd and Another (28935/2021)

Emira Property Fund Limited and Another v Bramlou Projects Solutions (Pty) Ltd and Another (28935/2021) [2023] ZAGPPHC 755 (28 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

28935/2021

Judge

E van der Schyff

Summary judgment was refused in a lease dispute because the affidavit deponent lacked sufficient direct knowledge and the Covid-related lease issues raised triable disputes.

• Summary Judgment
• Lease Agreement
• Remission Of Rent
• Force Majeure
• Contractual Interpretation
• Summary-judgment

Municipal Employees Pension Fund v Eliopoulos (038375/2022)

Municipal Employees Pension Fund v Eliopoulos (038375/2022) [2023] ZAGPJHC 669 (8 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

038375/2022

Judge

Pearse AJ

Summary judgment was granted to a landlord pension fund, confirming lease cancellation, eviction, and payment of arrears after the tenant failed to file an opposing affidavit.

• Summary Judgment
• Lease Cancellation
• Eviction
• Condonation Of Late Filing
• Remission Of Rent
• Tacit Renewal

van Staden v van Staden N.O and Others (12229/2022)

van Staden v van Staden N.O and Others (12229/2022) [2023] ZAWCHC 105; [2023] 3 All SA 307 (WCC) (15 May 2023)

Court

Western Cape High Court, Cape Town

Case number

12229/2022

Judge

Adhikari

High Court exception to a claim over a trust property agreement was upheld; the court found no pleaded cause of action to withhold instalments.

• Exceptions To Pleadings
• Reciprocal Obligations
• Tacit Terms
• Remission Of Rent
• Trust Law
• Declaratory Relief

Butcher Shop and Grill CC v Trustees for the time being of the Bymyam Trust (038/2022)

Butcher Shop and Grill CC v Trustees for the time being of the Bymyam Trust (038/2022) [2023] ZASCA 57; [2023] 3 All SA 40 (SCA); 2023 (5) SA 68 (SCA) (21 April 2023)

Court

Supreme Court of Appeal

Case number

038/2022

Judges

Van der Merwe, Mbatha, Carelse, Weiner, Goosen

The Supreme Court of Appeal held that the lease agreement did not exclude the tenant's right to claim remission of rent due to vis major, but the loss of use and enjoyment was suffered by Apoldo, the sub-tenant, not the Butcher Shop. As Apoldo is a separate legal entity, the Butcher Shop cannot claim remission based on Apoldo's loss. The court reaffirmed that piercing the corporate veil is only permissible where there is fraud, dishonesty, or unconscionable abuse, none of which were present. The court declined to develop the common law to allow the remedy sought, noting that such development…

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• Remission Of Rent
• Vis Major
• Piercing Corporate Veil
• Lease Agreement Interpretation
• Abatement Of Rent
• Development Of Common Law

Slabbert N O & 3 Others v Ma-Afrika Hotels t/a Rivierbos Guest House (772/2021)

Slabbert N O & 3 Others v Ma-Afrika Hotels t/a Rivierbos Guest House (772/2021) [2022] ZASCA 152 (4 November 2022)

Court

Supreme Court of Appeal

Case number

772/2021

Judges

Molemela, Makgoka, Gorven, Kgoele, Goosen

The SCA upheld eviction under a commercial lease despite Covid-19 restrictions, finding the rent clause enforceable and remission issues to be determined separately.

• Lease Agreement
• Remission Of Rent
• Supervening Impossibility
• Eviction
• Pacta Sunt Servanda
• Commercial-lease

Ozmik Property Investments (Pty) Ltd v Diplobox (Pty) Ltd and Others (58806/2020)

Ozmik Property Investments (Pty) Ltd v Diplobox (Pty) Ltd and Others (58806/2020) [2022] ZAGPPHC 836 (27 October 2022)

Court

North Gauteng High Court, Pretoria

Case number

58806/2020

Judge

Barit

High Court summary judgment in a lease dispute: the court found a valid lease, rejected the defence based on COVID-19 deprivation, and ordered payment.

• Lease Agreement
• Suretyship
• Remission Of Rent
• Covid19 Regulations
• Arbitration Clause
• Lease-agreement