South Africa Case Law

Ekurhuleni Metropolitan Municipality v Business Connexion (Pty) Ltd (1186/2023)

Ekurhuleni Metropolitan Municipality v Business Connexion (Pty) Ltd (1186/2023) [2025] ZASCA 41 (10 April 2025)

Court

Supreme Court of Appeal

Case number

1186/2023

Judges

Nicholls, Smith, Keightley, Baartman, Modiba

The Supreme Court of Appeal struck a reconsideration application from the roll, holding that budget-driven inability to pay and alleged non-delivery did not show exceptional circumstances.

• Contractual Performance
• Software Licensing
• Exceptional Circumstances
• Section 17 2 F Superior Courts Act
• Contract-law
• Software-licensing

Bydawell v MRM Mining Services (Pty) Ltd t/a Runge Pincock Mining (70398/15)

Bydawell v MRM Mining Services (Pty) Ltd t/a Runge Pincock Mining (70398/15) [2018] ZAGPPHC 322 (4 May 2018)

Court

North Gauteng High Court, Pretoria

Case number

70398/15

Judge

MJ Teffo

The court granted absolution from the instance after finding the plaintiff failed to prove a binding oral agreement for an XPAC 7 licence.

• Specific Performance
• Oral Contract
• Authority Of Agent
• Repudiation
• Estoppel
• Software Licensing

Neuro Learning Link v Biolink (Pty) Ltd and Another (4830/2015)

Neuro Learning Link v Biolink (Pty) Ltd and Another (4830/2015) [2016] ZAFSHC 17 (11 February 2016)

Court

Free State High Court, Bloemfontein

Case number

4830/2015

Judge

Daffue

The High Court dismissed an application for a final interdict over BioWiz software and a license file generator, finding no proved clear right or threatened injury.

• Software Licensing
• Mandatory And Prohibitory Interdict
• Contract Termination
• Distribution Rights
• Balance Of Probabilities
• Breach Of Contract

Quill Associates (Pty) Ltd v Randfontein Local Municipality and Another (36264/2013, 36265/2013)

Quill Associates (Pty) Ltd v Randfontein Local Municipality and Another (36264/2013, 36265/2013) [2015] ZAGPPHC 557 (31 July 2015)

Court

North Gauteng High Court, Pretoria

Case number

36264/2013, 36265/2013

Judge

Potterill

The High Court held that Quill owned BIQ copyright and that the municipalities infringed it by continuing to use, copy and adapt the software after licence termination.

• Copyright Infringement
• Software Licensing
• Reasonable Royalty
• Interdictory Relief
• Oral Agreement
• Statutory Damages

Attachment Corporation v Minister of Water and Environmental Affairs (43363/11)

Attachment Corporation v Minister of Water and Environmental Affairs (43363/11) [2014] ZAGPPHC 89 (20 February 2014)

Court

North Gauteng High Court, Pretoria

Case number

43363/11

Judge

Tuchten

The court found that the defendant breached the license agreement by installing 1,564 unlicensed copies of the plaintiff's software, as established by the KPMG audit. Clause 2(f) of the license agreement did not protect the defendant because both Central Management and Require Activation options were not selected during installation. The defendant is therefore liable to pay the applicable license fee for the unlicensed copies. The court rejected the plaintiff's claim for maintenance fees on unlicensed copies, holding that the maintenance agreement only covers licensed copies and does not exte…

Source excerpt

• Software Licensing
• Breach Of Contract
• Quantification Of Damages
• Maintenance Agreement
• Contractual Interpretation