Marthinus David de Klerk v Griekwaland West Cooperative CC

Case No. Lower Court Judgments Hearing Date Judgment Date Majority Author  Vote
CCT 187/13  Northern Cape Division, 28 Nov. 2011
Northern Cape Division (Full Bench), 30 Aug. 2013
13 May 2014 19 Jun. 2014 Van der Westhuizen J  Unanimous

By Michael Mbikiwa on 25 June 2014

The central legal question in this case is whether a debt restructuring proposal, purportedly sent to a creditor in terms of section 86(1) of the National Credit Act, is an act of insolvency for the purposes of section 8(g) of the Insolvency Act. However, in a unanimous judgment by van der Westhuizen J, the Constitutional Court (the “Court”) refused the application for leave to appeal without needing to reach this central question. Continue reading

Botha and Another v Rich NO and Others

Case No.  Lower Court Judgments  Hearing Date
CCT 89/13 Northern Cape High Court, 13 Nov. 2009

Northern Cape High Court (Full Bench), 28 Mar. 2013
20 Nov. 2013

By Duncan Wild

The respondents in the this matter are the trustee’s of the JJW Hendriks Trust (“the Trust“) that owned certain property in De Aar. In November 2003 the Trust sold the property to the first respondent, Lorraine Botha (“Botha“) and the parties entered an agreement in accordance with the Alienation of Land Act 68 of 1981 (“the Act“). Of particular relevance, the parties agreed that section 19 of the Act would apply to the agreement, this section provides that the seller my terminate the contract only if: she has notified the purchaser of a breach and called upon the purchaser to rectify the breach in no less than 30 days, and the purchaser has failed to rectify the breach. The agreement stipulated that the purchase price was to be R240,000 and would be paid in installments of R4,000 a month. Continue reading