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Case law by topic

Judgments on contract

203 judgments on file that touch contract, newest first, each with the court's own file.

Handed downJudgmentCourt
11 Jun 2021 University of Johannesburg v Auckland Park Theological Seminary and Another[2021] ZACC 13 · Contract — delectus personae — contractual interpretation — admissibility of contextual evidence — parol evidence rule — permissibility of c... Constitutional Court
11 Jun 2021 Van Heerden & Brummer Inc v Bath[2021] ZASCA 80 · Prescription Act of 1969 – firm of attorneys sued for damages arising out of drafting of an ante-nuptial contract subsequently found to be i... Supreme Court of Appeal
21 May 2021 Clicks Retailers (PTY) LTD vs The Commissioner for the South African Revenue Services[2021] ZACC 11 Constitutional Court
13 Apr 2021 The Competition Commisission v Beefcor Proprietary Limited and Another[2021] ZACC 9 · Competition Act 89 of 1998 — interpretation of section 67(2) — Competition Commission — withdrawn complaint — completed proceedings Constitutional Court
1 Apr 2021 Freedom Under Law v Minister of Social Development and Others[2021] ZACC 5 · social grants — judicial supervision — continuing constitutional obligation Constitutional Court
29 Jan 2021 Fusion Properties 233 CC v Stellenbosch Municipality[2021] ZASCA 10 · Practice and procedure – application for leave to appeal – referral for oral argument in terms of s 17(2)(d) of the Superior Courts Act of 2... Supreme Court of Appeal
23 Dec 2020 Municipal Employees Pension Fund v Mongwaketse[2020] ZASCA 181 · Pension fund – acceptance as member of person not qualified to be a member – acceptance contrary to rules of fund – ultra vires and void – m... Supreme Court of Appeal
4 Dec 2020 Louisah Basani Baloyi v Public Protector and Others[2020] ZACC 27 · Labour Relations Act 66 of 1995 — section 157(1) — concurrent jurisdiction — unlawful termination Constitutional Court
5 Oct 2020 Altech Radio Holdings (Pty) Limited and Others v City of Tshwane Metropolitan Municipality[2020] ZASCA 122 · Legality review – delay – whether delay unreasonable – whether delay should be condoned. ___________________________________________________... Supreme Court of Appeal
16 Sep 2020 National Union of Metal Workers of South Africa and Others v Aveng Trident Steel (A Division of Aveng Africa (Pty) Limited) and Another[2020] ZACC 23 · Section 187(1)(c) of the Labour Relations Act 66 of 1995 — demand — automatically unfair dismissals — operational requirements — consultatio... Constitutional Court
4 Aug 2020 Road Traffic Management Corporation v Tasima (Pty) Limited; Tasima (Pty) Limited v Road Traffic Management Corporation[2020] ZACC 21 · Labour Relations Act 66 of 1995 — section 197 transfer — transfer of employment contracts — effective date of transfer — effect of public or... Constitutional Court
21 Jul 2020 Big G Restaurants (Pty) Limited v Commissioner for the South African Revenue Service[2020] ZACC 16 Constitutional Court
17 Jun 2020 AB and Another v Pridwin Preparatory School and Others[2020] ZACC 12 · independent school contracts — fair process — appropriate justification — section 8(2) Constitutional Court
17 Jun 2020 Beadica 231 CC and Others v Trustees For The Time Being of Oregon Trust and Others[2020] ZACC 13 · Law of contract — public policy grounds upon which a court may refuse to enforce contractual terms — the proper role of fairness, reasonable... Constitutional Court
26 May 2020 Mans v Mans[2020] ZACC 9 · Matrimonial Property Act 88 of 1984 — section 21 — postnuptial agreement — without sanction of a court — leave to appeal — interests of just... Constitutional Court
26 Nov 2019 Amalungelo Workers’ Union and Others v Philip Morris South Africa (Pty) Limited and Another[2019] ZACC 45 · Basic Conditions of Employment Act 75 of 1997 — Section 77 — Labour Court’s jurisdiction — Labour inspector’s functions Constitutional Court
29 Oct 2019 Shabangu v Land and Agricultural Development Bank of South Africa and Others[2019] ZACC 42 · Land and Agricultural Development Bank Act 15 of 2002 — invalid loan agreement with organ of state — acknowledgment of debt — compromise or... Constitutional Court
14 Oct 2019 NW Civil Contractors CC v Anton Ramaano Inc & another (1076/2018 and 1024/2018)[2019] ZASCA 143 · Section 41(1) of the Attorneys Act of 1979 – attorney not in possession of a valid fidelity fund certificate – whether proceedings are void... Supreme Court of Appeal
9 Oct 2019 Moodley v Kenmont School and Others[2019] ZACC 37 · Judgment in an application for confirmation of an order by the High Court of South Africa, KwaZulu-Natal Local Division, Durban, declaring s... Constitutional Court
28 Jun 2019 National Union of Metalworkers South Africa obo Nganezi and Others v Dunlop Mixing and Technical Services (Pty) Limited and Others (Casual Workers Advice Office as Amicus Curiae)[2019] ZACC 25 · Labour Relations Act 66 of 1996 — unfair dismissal — derivative misconduct — violent strike Constitutional Court
17 May 2019 Muhanelwa v Gcingca[2019] ZACC 21 · Jurisdiction — no constitutional issue or arguable point of law of general public importance — not in interests of justice to grant leave to... Constitutional Court
16 Apr 2019 Buffalo City Metropolitan Municipality v Asla Construction (Pty) Limited[2019] ZACC 15 · Legality review — unreasonable delay — overlooking delay — section 172 of the Constitution — Gijima Constitutional Court
9 Apr 2019 Tiekiedraai Eiendomme (Pty) Limited v Shell South Africa Marketing (Pty) Limited and Others[2019] ZACC 14 · Jurisdiction — leave to appeal — arguable points of law raised on appeal Constitutional Court
2 Apr 2019 Road Traffic Management Corporation v Waymark Infotech (Pty) Limited[2019] ZACC 12 · Public Finances Management Act 1 of 1999 — sections 66 and 68 — future financial commitments — procurement contracts Constitutional Court
28 Feb 2019 Buffalo City Metropolitan Municipality v Metgovis (Pty) Limited[2019] ZACC 9 · Section 217 of the Constitution — development of the common law relating to tacit agreements entered into with organs of state Jurisdiction... Constitutional Court
7 Feb 2019 Stokwe v Member of the Executive Council: Department of Education, Eastern Cape and Others[2019] ZACC 3 · [Appeal from the Labour Court] — [Employment of Educators Act] — [Schedule 2 item 2(g)] — [disciplinary proceedings must be concluded in the... Constitutional Court
3 Dec 2018 - Starways Trading v Pearl Island Trading[2018] ZASCA 177 Supreme Court of Appeal
9 Nov 2018 - Sasol Oil v CSARS[2018] ZASCA 153 Supreme Court of Appeal
6 Nov 2018 South African Commercial Catering and Allied Workers Union and Others v Woolworths (Pty) Limited[2018] ZACC 44 · Labour Relations Act — section 189A(19) — retrenchment — dismissal for operational requirements Substantive unfairness — operationally justi... Constitutional Court
1 Nov 2018 Medi Summary - A B v Pridwin Preparatory School[2018] ZASCA 150 Supreme Court of Appeal
23 Oct 2018 Holomisa v Holomisa and Another[2018] ZACC 40 · Transkei Marriage Act 21 of 1978 — Divorce Act 70 of 1979 —Community of Property — Rationalisation of laws — Direct Access Constitutional Court
28 Sep 2018 - Monde v Viljoen NO & others[2018] ZASCA 138 Supreme Court of Appeal
27 Sep 2018 Airports Company South Africa v Big Five Duty Free (Pty) Limited and Others[2018] ZACC 33 · Interpretation of contracts — Judgments in rem — When can settlement agreements be made an order of court Agreements between private parties... Constitutional Court
21 Sep 2018 MediaSummary - Buffalo City v Nurcha Development Finance[2018] ZASCA 122 Supreme Court of Appeal
20 Sep 2018 800/18; 123/18; 346/18 MediaSummary - Life Healthcare Group (PTY) LTD v DR Abdool Samad Suliman[2018] ZASCA 118 Supreme Court of Appeal
19 Sep 2018 CSARS v Amawele Joint Venture CC[2018] ZASCA 115 Supreme Court of Appeal
11 Sep 2018 CSARS v Respublica (Pty) Ltd[2018] ZASCA 109 Supreme Court of Appeal
30 Aug 2018 SASSA v Minister of Social Development[2018] ZACC 26 · Social grants — extension of the declaration of invalidity — just and equitable remedy — case justifying urgency has been made — personal co... Constitutional Court
23 Aug 2018 Police and Prisons Civil Rights Union (POPCRU) v South African Correctional Services Workers' Union (SACOSWU) and Others[2018] ZACC 24 · Labour Relations Act 66 of 1995 — interpretation of sections 18 and 20 — collective agreements — thresholds of representativeness collective... Constitutional Court
21 Aug 2018 Scholtz & others v The State (428/17, 491/17, 635/17, 636/17)[2018] ZASCA 106 Supreme Court of Appeal
13 Aug 2018 Corruption Watch NPC and Others v President of the Republic of South Africa and Others (Helen Suzman Foundation as Amicus Curiae); Nxasana v Corruption Watch NPC and Others (Helen Suzman Foundation as Amicus Curiae)[2018] ZACC 23 Constitutional Court
20 Jun 2018 Net1 Applied Technologies And DNI-4PL ContractsCT LM018Apr18 Competition Tribunal
31 May 2018 Moor v Tongaat-Hulett Pension Fund[2018] ZASCA 83 Supreme Court of Appeal
31 May 2018 Leon ST Leger Bouttell v Road Accident Fund[2018] ZASCA 90 Supreme Court of Appeal
30 May 2018 WDR Earthmoving Enterprises & another v The Joe Gqabi District Municipality & others[2018] ZASCA 72 Supreme Court of Appeal
25 May 2018 Contract – interpretation – application to recover claims for security services – appellant electing to abide – invoicing on respondent’s calculations of price escalations– not communicating objection to alleged short payment – defences of waiver and prescription upheld. Douglasdale Dairy & others v Bragge & another[2018] ZASCA 68 · Rights of fideicommisaries upon death of fiduciary – right of executor of fiduciary’s estate to enforce eviction order granted to fiduciary... Supreme Court of Appeal
21 May 2018 Where a claim for the cancellation of lease agreements, and the eviction of the tenants, is based only on the terms of the agreements, and not on the title of the lessor, the court of the tenants’ domicile, and of the place where the contracts were concluded, has concurrent jurisdiction with that of the forum rei sitae. Ignorance of a term of the leases entitling the lessor to cancel in the event of a surety’s sequestration not a justus error on the facts. Mostert and Others v Nash and[2018] ZASCA 62 · Pension fund – curatorship in terms of s 5(2) of Financial Institutions (Protection of Funds) Act of 2001 – trustee’s remuneration – court o... Supreme Court of Appeal
25 Apr 2018 Pretorius and Another v Transport Pension Fund and Others[2018] ZACC 10 · Exceptions — pension funds— pension benefits — class action Constitutional Court
23 Mar 2018 226.9 KB Contract – principles of interpretation restated – not sufficient to merely outline well established principles – proper application thereof must be evident from the process of interpretation – appeal upheld. Brompton Court Body Corporate v Khumalo[2018] ZASCA 27 · Prescription – an arbitration award generally does not create a new debt for purposes of the Prescription Act of 1969 (the Act) – a claim to... Supreme Court of Appeal
1 Dec 2017 351.92 KB Contract – breach of mandate by first attorneys in under-settling RAF claim – breach by second attorneys in allowing claim against first attorneys to prescribe – damages to be assessed at notional trial date of RAF claim. Contract – damages – whether court a quo ought to have reduced damages for delay in bringing claim to trial. Interest – applicability of s 2A(5) of Prescribed Rate of Interest Act 55 of 1975. Media24 (Pty) Ltd v Estate Late Du Plessis[2017] ZASCA 168 · Appeal ─ Determination of the price of shares by an independent expert ─ appeal against the decision to enforce the award made by an indepen... Supreme Court of Appeal

A judgment is listed here when the court's own summary or its title uses the term; it is a finding aid, not a headnote. All topics.