- Flynote
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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 11
Judgment 9
- Fakie NO v CCII Systems (Pty) Ltd (653/2004) [2006] ZASCA 52 (31 March 2006)
- Gauteng Gambling Board and Another v MEC for Economic Development, Gauteng Provincial Government (620/2012) [2013] ZASCA 67 (27 May 2013)
- Government of the Republic of South Africa and Others v Von Abo (283/2010) [2011] ZASCA 65 (4 April 2011)
- Greys Marine Hout Bay (Pty) Ltd and Others v Minister of Public Works and Others (347/2004) [2005] ZASCA 43 (13 May 2005)
- Jacob G Zuma v The Office of the Public Protector and Others (1447/2018) [2020] ZASCA 138 (30 October 2020)
- Ntlemeza v Helen Suzman Foundation and Another (402 of 2017) [2017] ZASCA 93 (9 June 2017)
- Pheko and Others v Ekurhuleni Metropolitan Municipality (Socio-Economic Rights Institute of South Africa as Amicus Curiae) [2015] ZACC 10 (7 May 2015)
- Public Protector v South African Reserve Bank [2019] ZACC 29 (22 July 2019)
- University of the Free State v Afriforum and Another (929 of 2016) [2016] ZASCA 165 (17 November 2016)