|Case No.||Lower Court Judgments||Hearing Date||Judgment Date||Majority Author||Vote|
|CCT 185/13|| Gauteng Local Division, 8 Aug. 2012
SCA, 26 Nov. 2013
|20 May 2014||3 Oct. 2014||Khampepe J|| Unanimous
By Duncan Wild on 3 October 2014
The primary question in this case was whether a third party can bring a claim against the party to a contract (where the claimant is not a party to the contract) as a result of loss suffered by the third party caused by the intentional repudiation of the contract.
The Constitutional Court, in a unanimous judgment by Justice Khampepe dismissed the appeal, finding that that cancellation of the contract in question was not wrongful as it did not fit within the existing law concerning interference with a contract, and nor was it necessary to recognise such a claim.