National Empowerment Fund v Cloverleaf Films (Pty) Ltd and Others (2014-40058) [2024] ZAGPJHC 186 (28 February 2024)
Court
South Gauteng High Court, Johannesburg
Case number
2014/40058
Judge
A D Stein
The High Court granted leave to amend the National Empowerment Fund’s particulars of claim, rejecting objections based on ministerial approval, waiver, prescription, and interest.
Firstrand Bank Limited v Nel and Another (2021/2462) [2022] ZAGPJHC 579 (16 August 2022)
Court
South Gauteng High Court, Johannesburg
Case number
2021/2462
Judge
E F Dippenaar
The court found that the collateral provisions in the facility and loan agreements were not suspensive conditions affecting the validity of the principal debts, but terms regulating the utilisation of facilities. The applicant was entitled to waive such conditions in its sole discretion, and the respondents, as sole members of Servigraph, acquiesced to the validity of the agreements by their conduct. The respondents failed to provide factual evidence supporting their defences of public policy, constitutional values, or prejudice. The principles of Ubuntu, good faith, and reasonableness are no…
Moipone Group of Companies (Pty) Ltd v City of Tshwane Municipality (13874/2017) [2017] ZAGPPHC 149 (29 March 2017)
Court
North Gauteng High Court, Pretoria
Case number
13874/2017
Judge
N Davis
The court held that a municipal PPP agreement remained valid and enforceable after written extensions and waivers of suspensive conditions, and ordered the municipality to comply.
Eedenprop (Pty) Ltd v Kouga Municipality (541/10) [2011] ZASCA 92; [2011] 4 All SA 121 (SCA) (31 May 2011)
Court
Supreme Court of Appeal
Case number
541/10
Judges
Cloete, Heher, Maya, Snyders, Petse
The Supreme Court of Appeal held that the agreement between the appellant and the respondent was valid and enforceable. The respondent, by signing the agreement, effectively waived the conditions imposed by the Western District Council, and there was no need for public advertisement as no other party's interests were affected. The reimbursement mechanism did not amount to unlawful sharing of rates, as the municipality retained control over rate determination and collection, and the arrangement benefited both parties. The provisions of sections 172 and 173 of the Municipal Ordinance 20 of 1974…
