MultiChoice Support Services (Pty) Ltd v Calvin Electronics t/a Batavia Trading and Another (226/2021; 296/2020) [2021] ZASCA 143 (8 October 2021)

Flynote

Law of contract – cancellation in terms of provisions of contract –
contracting party applying for interdict to stop cancellation pending judicial
review of decision to cancel – interdict granted – cancellation of contract not
reviewable – does not involve control of public power – not administrative action
– neither reviewable under principle of legality – interdict legally unsustainable
– contempt of court – order based on legally unsustainable interdict – fatally
defective – requisites for contempt in any event not met – execution of contempt
order granted in terms of s 18 of Superior Courts Act 10 of 2013 – also defective
– execution requirements not met.


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Cited documents 13

Judgment 10
1. Fakie NO v CCII Systems (Pty) Ltd (653/2004) [2006] ZASCA 52 (31 March 2006) 192 citations
2. Public Protector v South African Reserve Bank [2019] ZACC 29 (22 July 2019) 113 citations
3. Zuma v Secretary of Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in Public Sector Including Organs of State and Others [2021] ZACC 28 (17 September 2021) 107 citations
4. Pheko and Others v Ekurhuleni Metropolitan Municipality (Socio-Economic Rights Institute of South Africa as Amicus Curiae) [2015] ZACC 10 (7 May 2015) 78 citations
5. Greys Marine Hout Bay (Pty) Ltd and Others v Minister of Public Works and Others (347/2004) [2005] ZASCA 43 (13 May 2005) 29 citations
6. Government of the Republic of South Africa and Others v Von Abo (283/2010) [2011] ZASCA 65 (4 April 2011) 14 citations
7. Ntlemeza v Helen Suzman Foundation and Another (402 of 2017) [2017] ZASCA 93 (9 June 2017) 14 citations
8. University of Free State v Afriforum and Another (929 of 2016) [2016] ZASCA 165 (17 November 2016) 13 citations
9. Gauteng Gambling Board and Another v MEC for Economic Development, Gauteng Provincial Government (620/2012) [2013] ZASCA 67 (27 May 2013) 9 citations
10. Jacob G Zuma v The Office of the Public Protector and Others (1447/2018) [2020] ZASCA 138 (30 October 2020) 8 citations
Legislation 3
1. Constitution of the Republic of South Africa, 1996 4489 citations
2. Promotion of Administrative Justice Act, 2000 2229 citations
3. Superior Courts Act, 2013 1491 citations