Judgment: Zaheer Cassim NO & Others v Bombela Concession Company & Another

07 July 2025

Dear Member

In this case the question before the Court was whether a Business Rescue Practitioner can rely on Section 136 (2) (b) to cancel an obligation in a pre-commencement contract that had been amended.

The Court applied the test of substantiality and found that the BRPs had met the requirements for cancelling the obligation to supply the 18-meter buses and this relief was granted.

Kindly sent to us by Margareth Viljoen of Cassim Law.

Take care,

René Bekker
Chief Operating Officer

  Judgment: Zaheer Cassim NO & Others v Bombela Concession Company & Another. Case No:006216/25