Malan and Van Der Merwe v Secretan, Boon & Co [1880] ZASCCGH 25 (18 June 1880)

Pactum de non petendo.-Consideration.

An agreement entered into subsequently to a contraet, either varying the terms of the contract or dissolving it wholly or in part, can by our law be used as a defence to an action on the contract, even though the party bringing action have received no consideration for entering into the agreement.
Perry vs. Alexander (Buch. Rep. 1874, p. 59) commented
upon and approved.