Mohamed's Leisure Holdings (Pty) Ltd v Southern Sun Hotel Interests (Pty) Ltd (183 of 2017) [2017] ZASCA 176 (1 December 2017)

Under the common law a mandate is in general terminable at the will of
the principal – notice of intention to terminate unnecessary – principles of Ubuntu and
fairness not the correct bases to determine propriety of termination of mandate – issues
of good faith, fairness and equity not applicable – against public policy to coerce a
principal into retaining individual as agent – unlawful competition not established –
requirements of final interdict not met.

Contract Law – whether cancellation clause unfair or unreasonable – doctrine of pacta sunt servanda. 

The enforcement of terms of lease agreements leading to their termination was not contrary to public policy as being unconscionable in the particular circumstances of the case.

Rule 32 - summary judgment; breach - lease agreement and suretyship agreement – commercial premises. Resistance - summary judgment – tacit agreement – reduced rent (pactum de non pretend); COVID-19 economic activity; s22 Constitution 1996, sanctity-agreement and application granted