Metgovis (Pty) Ltd v Buffalo City Metropolitan Municipality (257/14) [2017] ZAECELLC 21 (15 August 2017)
Court
Eastern Cape High Court, East London Local Court
Case number
257/14
Judge
JE Smith
The court found a tacit month-to-month software contract and, alternatively, unjustified enrichment, awarding the plaintiff R395,021.57 plus interest and costs.
Attachmate Corporation v Minister of Water and Environmental Affairs (20071/2014) [2015] ZASCA 68 (20 May 2015)
Court
Supreme Court of Appeal
Case number
20071/2014
Judges
Brand, Bosielo, Majiedt, Petse, Mbha
The court held that the 'applicable license fee' in clause 11 of the license agreement refers to the fee negotiated between Attachmate and the Department, specifically the Sita discounted rate, not the list price. This interpretation avoids treating clause 11 as a penalty clause and aligns with the contractual context and the contra proferentem rule. The court further found that Attachmate's claim for maintenance fees was properly a claim for damages arising from breach of contract. Had the Department complied with its obligations, it would have paid maintenance fees for all copies, including…