PORTFOLIO Semester 2 2025
OCTOBER NOVEMBER
Due Date: 7 October 2025
QUESTION 1
EVERFRESH MARKET VIRGINIA (PTY) LTD V SHOPRITE CHECKERS (PTY) LTD 2012
(1) SA 256 (CC)
Facts
Everfresh Market Virginia (Pty) Ltd leased premises in the Virginia Shopping Centre from
Shoprite Checkers (Pty) Ltd. The lease, valid from April 2004 to March 2009, contained a
renewal clause requiring both parties to agree on rental for the extended term. Everfresh
gave notice to renew, suggesting a new rental, but Shoprite refused, arguing the clause was
unenforceable. Everfresh stayed on after the lease expired, and Shoprite sought eviction.
Both the High Court and the Supreme Court of Appeal held that the clause created no
enforceable duty to negotiate. Everfresh then approached the Constitutional Court, raising
constitutional values for the first time.1
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