South Africa Case Law

Phoenix Salt Industries (Pty)Ltd v Lubavich Foundation of South Africa (2022/1298)

Phoenix Salt Industries (Pty)Ltd v Lubavich Foundation of South Africa (2022/1298) [2023] ZAGPJHC 27 (19 January 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/1298

Judge

Swanepoel

The court accepted the respondent's version that the applicant, through its directors, permanently waived its right to call up the loan and enforce repayment under the agreement. The evidence showed that the intention was for Golden Hands to settle the debt, and the applicant never sought repayment during the tenure of the original directors. The non-variation and non-waiver clauses in the contract do not preclude a permanent waiver, as clause 9.4 only relates to indulgences and temporary waivers, not the permanent abandonment of rights. The distinction between variation and waiver is materia…

Source excerpt

• Contract Non Variation Clause
• Waiver Of Rights
• Shifren Rule
• Pactum De Non Petendo
• Loan Agreement Enforcement

Bester v Ronmarto Ontwikkeling CC and Another (156/2018)

Bester v Ronmarto Ontwikkeling CC and Another (156/2018) [2018] ZAFSHC 220 (29 November 2018)

Court

Free State High Court, Bloemfontein

Case number

156/2018

Judge

Chesiwe

The High Court upheld an exception to a plaintiff’s particulars of claim, finding them vague and embarrassing and inconsistent with a written contract.

• Exception To Pleadings
• Oral Vs Written Contract
• Shifren Rule
• Parol Evidence Rule
• Exception-to-pleadings
• Oral-vs-written-contract

Mec of Health, Limpopo Provincial Government v Sakhiwo Health Solutions Limpopo) (Pty) Ltd (32723/13)

Mec of Health, Limpopo Provincial Government v Sakhiwo Health Solutions Limpopo) (Pty) Ltd (32723/13) [2013] ZAGPPHC 262 (16 August 2013)

Court

North Gauteng High Court, Pretoria

Case number

32723/13

Judge

HJ Fabricius

The High Court held that the service delivery agreement expired after 36 months and rejected the respondent’s claim to a five-year maintenance term.

• Contract Interpretation
• Service Level Agreement
• Termination By Effluxion Of Time
• Shifren Rule
• Contract-interpretation
• Service-level-agreement