Contractual clauses

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Contractual clauses
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Jurisdiction
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Leave to appeal denied: no reasonable prospects or compelling reasons; contractor’s payment‑complaint and termination arguments fail.
* Civil procedure – leave to appeal – section 17(1)(a) Superior Courts Act – test: reasonable prospects of success or compelling reasons. * Construction law – JBCC contract – employer’s alleged late/non‑payment; reciprocity and enforcement of penalty clauses; termination and repudiation. * Judicial duty of consideration – application of Vodacom v Makate; holistic assessment of reasons.
Northern Cape Judgment 31 October 2025