South Africa Case Law

Purple Blok Projects (Pty) Ltd v Vumazonke and Others (13785/2024)

Purple Blok Projects (Pty) Ltd v Vumazonke and Others (13785/2024) [2024] ZAWCHC 424 (13 December 2024)

Court

Western Cape High Court, Cape Town

Case number

13785/2024

Judge

Van den Berg AJ

The applicant is the registered owner of the property and the respondents have no valid lease agreement or enforceable right of pre-emption against the applicant. The respondents defaulted on rental payments, refused to negotiate a new lease, and failed to take action against the previous owner regarding their alleged right of first refusal. The respondents were given ample opportunity to secure legal representation and present their case, but repeatedly delayed proceedings without bona fide grounds. The court finds the respondents are in unlawful occupation and that it is just and equitable…

Source excerpt

• Eviction Under Pie
• Rei Vindicatio
• Right Of Pre Emption
• Lease Termination
• Just And Equitable Eviction
• Costs Award

Burger N.O v Nel and Others (1744/2024)

Burger N.O v Nel and Others (1744/2024) [2024] ZANWHC 217 (28 August 2024)

Court

North West High Court, Mafikeng

Case number

1744/2024

Judge

FMM Reid

The High Court dismissed an application for leave to appeal against refusal of interim interdictory relief in a pre-emption dispute, awarding costs against the applicant.

• Right Of Pre Emption
• Specific Performance
• Interim Interdict
• Leave To Appeal
• Reciprocity In Contract
• Leave-to-appeal

Khoza v Radebe and Others (A113/2022)

Khoza v Radebe and Others (A113/2022) [2023] ZAWCHC 55 (15 March 2023)

Court

Western Cape High Court, Cape Town

Case number

A113/2022

Judges

Nziweni, Saldanha, Henney

The High Court held that a shareholder validly exercised a pre-emptive right by notifying his intention to buy shares; a price deadlock triggered valuation under the articles.

• Right Of Pre Emption
• Interpretation Of Articles Of Association
• Shareholder Disputes
• Valuation Of Shares
• Shareholder-disputes
• Pre-emptive-right

Deon Nel v Petrus Jacobus de Beer & Another (406/21)

Deon Nel v Petrus Jacobus de Beer & Another (406/21) [2022] ZASCA 145; 2023 (2) SA 170 (SCA) (26 October 2022)

Court

Supreme Court of Appeal

Case number

406/21

Judges

Zondi, Molemela, Plasket, Mabindla-Boqwana, Musi

The Supreme Court of Appeal held that a lease-based right of pre-emption was enforceable and triggered by the sale of two of the leased farms.

• Right Of Pre Emption
• Specific Performance
• Lease Agreement
• Sale Of Land
• Contract Interpretation
• Right-of-pre-emption

Petersen and Others v Billingham and Others (2896/2021)

Petersen and Others v Billingham and Others (2896/2021) [2022] ZAMPMBHC 75 (12 October 2022)

Court

Mbombela High Court, Mpumalanga

Case number

2896/2021

Judge

Roelofse

The court found that real disputes of fact exist regarding the applicants' knowledge and consent to the sale of shares, the authenticity of the resolution, and prescription of the cause of action. These disputes are central to the determination of the main application and cannot be properly resolved on affidavit. The court exercised its discretion under Rule 6(5)(g) to refer the main application to oral evidence on specified issues, including whether the applicants were aware of and consented to the sale, whether a directors' meeting was held to authorise the sale, and whether shareholders we…

Source excerpt

• Specific Performance
• Right Of Pre Emption
• Prescription Act
• Motion Proceedings
• Dispute Of Fact

Roon v All Hearts Foundation NPO and Others (23481/2020)

Roon v All Hearts Foundation NPO and Others (23481/2020) [2021] ZAGPPHC 725 (27 October 2021)

Court

North Gauteng High Court, Pretoria

Case number

23481/2020

Judge

JF Barnardt

The court found that the lease agreement was lawfully cancelled by the applicant due to the first respondent's persistent failure to pay rental timeously, which constituted a material breach. The requirement to provide proof of repairs was not a contractual term justifying cancellation. The first respondent had completed repairs exceeding the agreed amount, and the rebate reversal was unjustified. The right of pre-emption did not survive cancellation as no offer to purchase was made and the lease was not extended. The respondents became unlawful occupiers upon cancellation, and the requiremen…

Source excerpt

• Lease Cancellation
• Unlawful Occupation
• Prevention Of Illegal Eviction Act
• Right Of Pre Emption
• Arrear Rental
• Eviction Procedure

Platterkloof RMS Broedery (Pty) Ltd v Dahlia Investment Holdings (Pty) Ltd and Another (7836/2020)

Platterkloof RMS Broedery (Pty) Ltd v Dahlia Investment Holdings (Pty) Ltd and Another (7836/2020) [2021] ZAWCHC 1; 2021 (2) SA 527 (WCC) (4 January 2021)

Court

Western Cape High Court, Cape Town

Case number

7836/2020

Judge

Binns-Ward

The court held that the sale of the entire farm, including the leased portions subject to the applicant's right of pre-emption, did trigger the applicant's right of first refusal under clause 10 of the lease. However, the terms of the clause required the applicant to purchase the leased portions on the same terms and conditions as those offered to the third party, which in this case meant purchasing the whole farm for R17 million. The property did not lend itself to pro rata allocation, and the evidence did not support the applicant's contention that the price for the leased portions was R4 m…

Source excerpt

• Right Of Pre Emption
• Specific Performance
• Lease Agreement
• Package Deal Sale
• Contractual Construction

Mkhize v Jonkers and Others (1387/2019)

Mkhize v Jonkers and Others (1387/2019) [2020] ZANCHC 89 (4 December 2020)

Court

Northern Cape High Court, Kimberley

Case number

1387/2019

Judge

N Mayet

The court held that a vacating owner did not trigger section 10A(3) of the Housing Act and refused to set aside the second sale and transfer of the subsidised house.

• Housing Act Section 10a
• State Subsidised Housing
• Right Of Pre Emption
• Fraudulent Non Disclosure
• Administrative Review
• Transfer Of Ownership

Bright Idea Projects 66 (Pty) Ltd t/a All Fuels Moosa N.O and Others (4063/2018D)

Bright Idea Projects 66 (Pty) Ltd t/a All Fuels Moosa N.O and Others (4063/2018D) [2020] ZAKZDHC 47 (12 October 2020)

Court

Kwazulu-Natal High Court, Durban

Case number

4063/2018D

Judge

D Pillay

The court held that the right of pre-emption in the lease was extended upon renewal and transferred with the lease, supported by written agreements and endorsements on the title deed. The distinction between collateral and incidental terms is no longer necessary; all terms are extended with renewal. The remedy of 'stepping in' is competent both on the facts and the law, as established by Mokone and Oryx. The excipients' reliance on case law was misplaced, as none supported their grounds of exception. The fraudulent expunging of the pre-emption from the title deed and the constructive and stat…

Source excerpt

• Right Of Pre Emption
• Lease Renewal
• Specific Performance
• Huur Gaat Voor Koop
• Formalities In Respect Of Leases
• Fraudulent Transfer

South African National Parks v Biggs and Others (3161/2011)

South African National Parks v Biggs and Others (3161/2011) [2019] ZAECMHC 34; [2019] 3 All SA 987 (ECM) (20 June 2019)

Court

Eastern Cape High Court, Mthatha

Case number

3161/2011

Judge

Majiki

The court found that although the applicant did not act with the required expediency, the conduct of the third and eighteenth respondents in approving the subdivision and rezoning of agricultural land was unlawful and in breach of statutory requirements. The applicant's delay was not satisfactorily explained, but in light of constitutional jurisprudence, the court was compelled to declare the unlawful conduct invalid. The right of pre-emption was enforceable against those respondents who had knowledge of it, as evidenced by the shareholder's agreement and their direct involvement in the schem…

Source excerpt

• Subdivision Of Agricultural Land Act
• Land Use Planning Ordinance
• Right Of Pre Emption
• Condonation Of Delay
• Exhaustion Of Internal Remedies
• Unlawful Administrative Action