South Africa Case Law

Okavango Minerals (Pty) Ltd v Bila Mining (Pty) Ltd and Others (2018/37941; 2018/38743)

Okavango Minerals (Pty) Ltd v Bila Mining (Pty) Ltd and Others (2018/37941; 2018/38743) [2019] ZAGPJHC 89 (15 March 2019)

Court

South Gauteng High Court, Johannesburg

Case number

2018/37941; 2018/38743

Judge

Ameer

The court found that the respondents' reliance on the force majeure clause in the supply agreement was bona fide and based on reasonable grounds, given the adverse market conditions and economic downturn affecting the feasibility of supplying chrome ore at the agreed price. The respondents did not act in wilful or deliberate contempt of the Tsoka J order, as their non-performance was excused by the contractual provision and the dispute of fact regarding market conditions. The applicant's approach failed to account for the contractual defences available to the respondents, and the matter was n…

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• Contempt Of Court
• Force Majeure
• Supply Agreement
• Urgent Motion
• Contractual Defences

Okavango Minerals (Pty) Limited v Bila Mining (Pty) Limited and Others (2018/38743)

Okavango Minerals (Pty) Limited v Bila Mining (Pty) Limited and Others (2018/38743) [2019] ZAGPJHC 38 (12 February 2019)

Court

South Gauteng High Court, Johannesburg

Case number

2018/38743

Judge

L Adams

The court found that the first and third respondents were aware of the court order and failed to comply with its terms by refusing to deliver the material as required under the supply agreement. The respondents' explanations—awaiting a response to a price proposal and claims of insufficient material—were rejected as false and irrelevant. The court held that striking a better deal with a third party does not justify non-compliance with a court order. The applicant proved beyond reasonable doubt that the respondents' conduct was wilful and in bad faith, satisfying all elements for contempt. The…

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• Contempt Of Court
• Interim Relief
• Supply Agreement
• Specific Performance

Noble Mining & Machinery Company Limited v Leseka Resource Management CC and Others (18528/2012)

Noble Mining & Machinery Company Limited v Leseka Resource Management CC and Others (18528/2012) [2014] ZAGPPHC 798 (15 October 2014)

Court

North Gauteng High Court, Pretoria

Case number

18528/2012

Judge

AJ Louw

The High Court set aside a default judgment and writ against the first defendant, granted leave to defend, and ordered the defendant to pay the rescission costs.

• Rescission Of Judgment
• Default Judgment
• Service Of Process
• Supply Agreement
• Leave To Defend
• Rescission-of-judgment

MG Reynolds (Pty) Ltd v Crown Chickens (Pty) Ltd t/a Sovereign Foods (3228/2010)

MG Reynolds (Pty) Ltd v Crown Chickens (Pty) Ltd t/a Sovereign Foods (3228/2010) [2011] ZAECPEHC 50 (24 November 2011)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3228/2010

Judge

Chetty

The court found that the plaintiff failed to supply the agreed minimum quantity of wood shavings as stipulated in the contract, averaging only 2,615 bales per month instead of the required 6,500. The evidence showed that the defendant's orders were limited by the plaintiff's production capacity, not by any refusal to order. The defendant's refusal to accept a price increase and its unilateral variation of payment terms were responses to the plaintiff's ongoing breach and did not amount to repudiation. The objective test for repudiation was not met, as the defendant's conduct was consistent wi…

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• Breach Of Contract
• Repudiation
• Supply Agreement
• Damages
• Variation Of Terms

Competition Commission v Safripol (Pty) Ltd (48/CR/Aug10)

Competition Commission v Safripol (Pty) Ltd (48/CR/Aug10) [2010] ZACT 57; [2010] 2 CPLR 280 (CT) (25 August 2010)

Court

Competition Tribunal

Case number

48/CR/Aug10

Judges

A Wessels, M Mokuena, T Orleyn

The Tribunal confirmed a consent order between the Competition Commission and Safripol, with Safripol admitting indirect price fixing under section 4(1)(b)(i) and accepting a penalty.

• Horizontal Price Fixing
• Restrictive Agreements
• Administrative Penalty
• Consent Order
• Supply Agreement
• Information Sharing