South Africa Case Law

Vantage Goldfields SA (Pty) Ltd v Siyakhula Sonke Empowerment Corporation (Pty) Ltd and Another (853/2023)

Vantage Goldfields SA (Pty) Ltd v Siyakhula Sonke Empowerment Corporation (Pty) Ltd and Another (853/2023) [2025] ZASCA 1; 2025 (2) SA 436 (SCA) (9 January 2025)

Court

Supreme Court of Appeal

Case number

853/2023

Judges

Zondi DP, Nicholls JA, Meyer JA, Coppin AJA, Bloem AJA

The Supreme Court of Appeal held that the principal agreement lapsed due to non-fulfilment of the payment condition by the stipulated date, as required by clause 3.2. Subsequent addenda, concluded after the expiry of the relevant dates, could not revive the agreement without amending or eliminating clause 3.2, which remained intact. The purported 'deeming' provisions and extensions in the addenda were ineffective because they were made after the contract had already lapsed. Even if the addenda could be construed as attempts to revive the agreement, they would have self-destructed upon non-ful…

Source excerpt

• Sale Of Shares
• Suspensive Conditions
• Contract Lapsing
• Revival Of Contract
• Unjust Enrichment

Z Hakimjee Investments (Pty) Ltd v Georgia Avenue Investments 135 (Pty) Ltd (2020/26801)

Z Hakimjee Investments (Pty) Ltd v Georgia Avenue Investments 135 (Pty) Ltd (2020/26801) [2021] ZAGPJHC 362 (2 June 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2020/26801

Judge

Vally

The court found that the agreement and addendum are valid and binding. The parties objectively intended to enter into legal relations, as evidenced by their conduct and the signed documents. The Alienation of Land Act does not require the price of the immovable property to be specified separately when the property is sold as part of a business as a going concern. The agreement constitutes a deed of alienation and complies with the Act. The addendum, although signed after the original suspensive condition deadline, revived the agreement because both parties intended to continue with the contra…

Source excerpt

• Alienation Of Land Act
• Suspensive Condition
• Revival Of Contract
• Formalities Of Contract
• Sale Of Business As Going Concern

Moloi and Another v Premier of the Free State Province and Others (5556/2017)

Moloi and Another v Premier of the Free State Province and Others (5556/2017) [2021] ZAFSHC 37 (28 January 2021)

Court

Free State High Court, Bloemfontein

Case number

5556/2017

Judge

P.E. Molitsoane

The High Court dismissed an application for leave to appeal, finding no reasonable prospects of success and refusing to admit an unsanctioned further affidavit.

• Leave To Appeal
• Revival Of Contract
• Filing Of Affidavits
• Court Discretion
• Costs Order
• Leave-to-appeal

Mawenzi Resources and Finance Company (Pty) Limited and Others v Nestlife Assurance Corporation Limited and Another (A5028/17)

Mawenzi Resources and Finance Company (Pty) Limited and Others v Nestlife Assurance Corporation Limited and Another (A5028/17) [2018] ZAGPJHC 567 (18 October 2018)

Court

South Gauteng High Court, Johannesburg

Case number

A5028/17

Judges

E van Vuuren, Ingrid Opperman, AH Petersen

The High Court held that an addendum revived a property sale agreement, that Nestlife’s payments were purchase-price payments, and that no tacit lease was proved.

• Agreement Of Sale
• Tacitly Relocated Lease
• Purchase Price Payments
• Revival Of Contract
• Liquidation
• Suretyship

Sampson v Cape Town Community Housing Company (Pty) Ltd (NCT/1487/2011/115 (1)(P))

Sampson v Cape Town Community Housing Company (Pty) Ltd (NCT/1487/2011/115 (1)(P)) [2012] ZANCT 7 (18 April 2012)

Court

National Consumer Tribunal

Case number

NCT/1487/2011/115 (1)(P)

Judges

Diane Terblanche, Tanya Woker, Joseph M. Maseko

The National Consumer Tribunal dismissed an application about a disputed settlement figure, finding the statement concerned property pricing and not a credit-account dispute.

• National Credit Act
• Alienation Of Land Act
• Jurisdiction Of Tribunal
• Instalment Sale Agreement
• Matrimonial Property Act
• Revival Of Contract

Sewpersadh and Another v Dookie (231/08)

Sewpersadh and Another v Dookie (231/08) [2009] ZASCA 78; 2009 (6) SA 611 (SCA); [2009] 4 All SA 338 (SCA) (1 June 2009)

Court

Supreme Court of Appeal

Case number

231/08

Judges

Streicher, Jafta, Maya, Hurt, Tshiqi

The Supreme Court of Appeal held that a land sale agreement was validly cancelled and was not revived by later payments or conduct.

• Alienation Of Land Act
• Contract Cancellation
• Revival Of Contract
• Eviction
• Formalities Of Contract
• Contract-cancellation

Fairoaks Investment Holdings (Pty) Ltd. and Another v Oliver and Others (268/07)

Fairoaks Investment Holdings (Pty) Ltd. and Another v Oliver and Others (268/07) [2008] ZASCA 41; [2008] 3 All SA 365 (SCA); 2008 (4) SA 302 (SCA) (28 March 2008)

Court

Supreme Court of Appeal

Case number

268/07

Judges

Streicher, Mthiyane, Ponnan, Hurt, Kgomo

The Supreme Court of Appeal held that the agreement of sale had lapsed due to the non-fulfilment of a suspensive condition and that the parties' subsequent correspondence amounted to an attempt to revive the agreement with material amendments. Such revival constituted a new agreement of sale, which, in terms of section 2(1) of the Alienation of Land Act, required compliance with statutory formalities. The revived agreement did not comply with these formalities, as the correspondence was not signed by the parties or their duly authorised agents. Furthermore, the lapsing of the agreement did no…

Source excerpt

• Alienation Of Land Act
• Suspensive Conditions
• Formalities Of Sale Of Land
• Waiver
• Revival Of Contract
• Exceptions To Pleadings

Sewpersadh and Another v Dookie (6090/2006)

Sewpersadh and Another v Dookie (6090/2006) [2007] ZAKZHC 31; [2008] 1 All SA 286 (D); 2008 (4) SA 127 (D); 2008 (2) SA 526 (D) (8 November 2007)

Court

High Courts - Kwazulu Natal

Case number

6090/2006

Judge

Swain

The High Court held that although the purchaser was in breach, the parties’ conduct after cancellation revived the sale agreement, so ejectment failed.

• Alienation Of Land Act
• Contract Cancellation
• Waiver Of Rights
• Tacit Agreement
• Revival Of Contract
• Contract-cancellation

Fairoaks Investment Holdings (Pty) Ltd and Another v Olivier and Others (9858/2005)

Fairoaks Investment Holdings (Pty) Ltd and Another v Olivier and Others (9858/2005) [2007] ZAGPHC 77 (2 February 2007)

Court

High Courts - Gauteng

Case number

9858/2005

Judge

F J Jooste

The High Court upheld exceptions to particulars of claim in a land sale dispute, finding the lapsed contract could not be informally revived or waived.

• Alienation Of Land Act
• Suspensive Conditions
• Waiver Of Rights
• Revival Of Contract
• Interdict
• Contractual Variation