Koch & Kruger Brokers CC and Another v Financial Sector Conduct Authority and Others [2023] ZACC 27 (15 August 2023)

Contract – civil procedure – clause in contract excluding liability
for negligent conduct of security service provider – Private Security Industry
Regulation Act 56 of 2001 and the Code of Conduct for Security Service
Providers 2003 – whether liability for gross negligence excluded – whether a
court could find for the plaintiffs on the evidence adduced – what evidence to take into account - whether absolution from the instance should have been
granted.

Contract – breach – claim for damages for ‘loss of income’ in
relation to part of contract period – interpretation of contract – whether
appellant obliged to supply minimum number of vehicles for conversion per month – whether obligations reciprocal – whether order should have been granted separating merits and damages.

Neighbour law – duty of lateral support – owed to land and buildings on it – English principle of lateral support, although influential, not part of our law – strict liability – available in principle for breach of lateral support.