In Country Cloud Trading CC v MEC, Department of Infrastructure Development (SCA) (unreported case 751/12, 26-11-2013) (Brand JA) the Supreme Court of Appeal (SCA) was confronted with a claim brought in delict by the appellant, Country Cloud Trading CC, that was a stranger to a contract concluded between the respondent and another party (Ilima). The appellant claimed that it had suffered damages as a direct consequence of the repudiation or unlawful cancellation by the respondent of its contract with Ilima and, in consequence thereof, claimed that it was entitled to compensatory damages from the respondent. Such a claim is, as far as I am aware, novel. Brand JA, who delivered the unanimous judgment of the court, dismissed the claim.
The North West High Court, Mafikeng in the unreported judgment of Kroese and Kroese (NWM) (unreported case no 145/13, 18-4-2013) (Landman J) and Hattingh and Hattingh (NWM) (unreported case no 144/13, 18-4-2013) (Landman J) had the opportunity to consider whether the waiver of the rights provided in s 82(6) of the Insolvency Act 24 of 1936 (the Act) is an infringement of a constitutional right of the applicants.