Nel and Others v Cilliers (197/2023) [2024] ZASCA 57 (19 April 2024)

Contract – specific performance – whether either of two contracts is unlawful and unenforceable for failure to comply with section 8 read with section 40 of the National Credit Act, 35 of 2005 (the NCA) – whether the appellants are entitled to relief in terms of a contract despite a concession made at a pre-trial conference that certain clauses in the contract fall foul of provisions of the NCA and that those clauses are not severable from the rest of the contract – whether it was necessary for the respondent to have accepted the concession before the appellants could be held to it – whether parties had abandoned their first contract – whether the first contract was inchoate or a simulated agreement – whether the appellants were entitled to relief in respect of either contract