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South Africa Case Law

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Commercial And Corporate [2021] ZASCA 35

Millennium Waste Management (Pty) Ltd v Sol Plaatje Municipality (99/2019)

Millennium Waste Management (Pty) Ltd v Sol Plaatje Municipality (99/2019) [2021] ZASCA 35 (7 April 2021)

The Supreme Court of Appeal held that no binding contract arose from tender acceptance where finalisation and signature were still required.

  • Unenforceable Agreement To Agree
  • Tender Contracts
  • Special Leave To Appeal
  • Contract Finalisation
  • Unenforceable-agreement-to-agree
  • Tender-contracts
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Commercial And Corporate [2011] ZAECMHC 14

Azcon Projects CC/BHS Construction Joint Venture v OR Tambo District Municipality and Another (1822/10)

Azcon Projects CC/BHS Construction Joint Venture v OR Tambo District Municipality and Another (1822/10) [2011] ZAECMHC 14 (26 August 2011)

The court dismissed a contractor’s bid to compel a municipality to decide delay and cancellation claims under a tender contract, finding the claims premature.

  • Public Procurement
  • Tender Contracts
  • Contractual Liability
  • Prescription
  • Specific Performance
  • Public-procurement
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Commercial And Corporate [2010] ZAFSHC 30

Future Business Advise and Services CC v Premier of Free State (7469/2008)

Future Business Advise and Services CC v Premier of Free State (7469/2008) [2010] ZAFSHC 30 (4 March 2010)

The court held that mediation was not a mandatory step before litigation and granted specific performance, ordering the Premier to resume the tender contract.

  • Specific Performance
  • Tender Contracts
  • Repudiation
  • Contractual Discretion
  • Mediation Clause
  • Specific-performance
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.