South Africa Case Law

Agribee Beef Fund (Pty) Ltd and Another v Eastern Cape Development Agency and Another (CCT 26/22)

Agribee Beef Fund (Pty) Ltd and Another v Eastern Cape Development Agency and Another (CCT 26/22) [2023] ZACC 6; 2023 (5) BCLR 489 (CC); 2023 (6) SA 639 (CC) (1 February 2023)

Court

Constitutional Court

Case number

CCT 26/22

Judges

Zondo CJ, Maya DCJ, Baqwa AJ, Kollapen J, Madlanga J, Majiedt J, Mbatha AJ, Rogers J, Tshiqi J

The Constitutional Court refused leave to appeal in a moot procurement dispute about a tripartite agreement for public-funded beef-farming support.

• Public Procurement
• Section 217 Constitution
• Tripartite Agreement
• Mootness
• Costs Award
• Constitutional Damages

Setlaboswane Agricultural Cooperative Limited v Temong Management CC and Another (78461/2017)

Setlaboswane Agricultural Cooperative Limited v Temong Management CC and Another (78461/2017) [2019] ZAGPPHC 41 (22 February 2019)

Court

North Gauteng High Court, Pretoria

Case number

78461/2017

Judge

M.J Mosopa

The High Court dismissed an exception to amended particulars of claim, holding the pleading alleged enough facts to proceed and that disputes belonged at trial.

• Exception Procedure
• Particulars Of Claim
• Fiduciary Relationship
• Tripartite Agreement
• Exception-procedure
• Particulars-of-claim

Starways Trading 21 CC v Pearl Island Trading 714 (Pty) Ltd (22002/2016)

Starways Trading 21 CC v Pearl Island Trading 714 (Pty) Ltd (22002/2016) [2017] ZAWCHC 88; [2017] 4 All SA 568 (WCC) (26 July 2017)

Court

Western Cape High Court, Cape Town

Case number

22002/2016

Judge

Davis

The court found that the applicant failed to demonstrate that the phrase 'ex-warehouse' in the contract constituted an agreement to the contrary under section 59(2) of the Customs & Excise Act. The evidence showed that 'ex-warehouse' was used synonymously with collection from the applicant's premises, not as a technical term altering risk or price adjustment. The applicant's arguments relied heavily on academic analysis without sufficient factual support from the record. Regarding repudiation, the applicant's refusal to permit a reduction in contract price, as required by the statutory implie…

Source excerpt

• Contract Interpretation
• Repudiation
• Tripartite Agreement
• Customs And Excise
• Leave To Appeal
• Undisclosed Principal

Starways Trading 21 CC v Pearl Island Trading 714 (Pty) Ltd and Another (22002/2016)

Starways Trading 21 CC v Pearl Island Trading 714 (Pty) Ltd and Another (22002/2016) [2017] ZAWCHC 10 (10 February 2017)

Court

Western Cape High Court, Cape Town

Case number

22002/2016

Judge

Davis

The court found that the sugar contract contained an implied term that the purchase price would be adjusted to reflect any decrease in import duty, as contemplated by s 59(2) of the Customs and Excise Act. The applicant's refusal to account for the reduced duty and insistence on payment of the original contract price constituted a serious repudiation of the contract. This repudiation justified the respondents' cancellation of the contract. Furthermore, the evidence did not support the existence of a tripartite agreement obliging the second respondent to pay the applicant directly; the structu…

Source excerpt

• Specific Performance
• Repudiation
• Implied Terms
• Customs And Excise Duty
• Tripartite Agreement

Stupel & Berman Incorporated v Rodel Financial Services (Pty) Ltd (1075/2013)

Stupel & Berman Incorporated v Rodel Financial Services (Pty) Ltd (1075/2013) [2015] ZASCA 1; 2015 (3) SA 36 (SCA); [2015] 3 All SA 150 (SCA) (27 February 2015)

Court

Supreme Court of Appeal

Case number

1075/2013

Judges

Brand, Mhlantla, Willis, Fourie, Gorven

The court held that a conveyancer’s undertaking to pay sale proceeds was given as agent for the seller and could be revoked; the appeal succeeded.

• Agency Law
• Mandate Revocation
• Undertaking By Conveyancer
• Cession Of Proceeds
• Tripartite Agreement
• Specific Performance

Rodel Financial Services (Pty) Ltd v Stupel & Berman Inc and Another (2011/43229)

Rodel Financial Services (Pty) Ltd v Stupel & Berman Inc and Another (2011/43229) [2013] ZAGPJHC 266 (28 October 2013)

Court

South Gauteng High Court, Johannesburg

Case number

2011/43229

Judge

C. J. Claassen

The High Court held that a conveyancer’s undertaking to pay sale proceeds to a lender was irrevocable and enforceable, and entered judgment for Rodel.

• Bridging Finance
• Cession Of Claims
• Conveyancer Liability
• Tripartite Agreement
• Irrevocable Undertaking
• Contract Cancellation