The Commercial Case Law Index is a collection of judgments from African countries on topics relating to commercial legal practice. The collection aims to provide a snapshot of commercial legal practice in a country, rather than present solely traditionally "reportable" cases. The index currently covers 400 judgments from Uganda, Tanzania, Nigeria, Ghana and South Africa.
Get started on finding judgments that are relevant to you by browsing the topic list on the left of the screen. Click the arrows next to the topic names to reveal a detailed list of sub-topics. Most judgments are accompanied by a short summary written by subject-matter expert postgraduate students from the University of Cape Town.
The applicants sought an interim interdict against the respondent bank, with which they had a bank-client relationship, to restrain it from terminating the operations of the applicants’ banking facilities.
The court considered whether courts could direct the respondent to continue its operations in the country against its will. The court held that the respondent’s decision to exit the country’s banking sector is one that the courts cannot interfere with.
The court relied on the respondent’s constitutional right to trade, which also entails the election of not utilising such right. The court remarked that the respondent’s decision to cease operations in the country rested on commercial considerations which were highlighted in para 15 of the judgement.
The respondents right to or not trade supersedes any right the applicant may have, thus the application was dismissed with costs.
Application focused on the poor conditions and lack of maintenance and repair of the roads network of the farming communities of the Eastern Cape and the socio-economic effects that follow. The applicants sought a structural interdict against the respondents which would have the effect of declaring them legally obliged to repair roads in the province, along with an order that the obligations be complied with and the submission of reports illustrating the steps to be taken to fulfil the obligations.
Upon objection by the respondents, the court considered whether a structural interdict was appropriate in such circumstances and whether a constitutional or statutory basis for seeking such an interdict existed. The court held that there was a constitutional and statutory basis for a structural interdict.
According to s 125(2)(a) of the Constitution the premier, along with the executive council, exercise executive authority through the implementation of provincial legislation, thus failure to repair roads meant that the rights to education and access to health care were indirectly affected. In addition, s 3 of the act encompasses an obligation to use power which rests only on the MEC or persons delegated thereby.
Accordingly, the application and draft order of the applicants were both substantially successful as time frames were included by the court. A comprehensive order is set out in para 48 of the judgement. The first and second respondents were ordered to pay costs of application, including all reserved costs.