IRM1501
OCT/NOV EXAM 2025
UNIQUE NO. 815422
DUE DATE: 7 OCTOBER 2025
, Introduction to Research Methodology for Law and Criminal Justice
Question 1
Case: Everfresh Market Virginia (Pty) Ltd v Shoprite Checkers (Pty) Ltd 2012 (1)
SA 256 (CC)
Facts of the Case
Everfresh Market Virginia (Pty) Ltd operated a lease of premises from Shoprite
Checkers (Pty) Ltd in a shopping centre. The lease agreement contained a renewal
clause which provided that upon expiry of the lease, Everfresh could request a renewal,
but the rental amount was subject to “further negotiation” between the parties. When the
lease period expired, Everfresh requested a renewal, but Shoprite refused to engage in
negotiations. Shoprite instead sought eviction of Everfresh. Everfresh opposed this,
arguing that Shoprite had a constitutional duty to negotiate in good faith because the
clause anticipated renewal discussions.
Legal Question
The main legal question was whether the principle of good faith, underpinned by the
values of the Constitution and transformative constitutionalism, could be enforced to
compel a party (Shoprite) to negotiate renewal terms in circumstances where the
contract provided for “further negotiations.”
Reasons for the Decision (Ratio Decidendi)
1. Common Law & Good Faith
o Traditionally, South African contract law does not enforce “agreements to
agree” or negotiation clauses, viewing them as too uncertain.
o However, the Constitutional Court highlighted that the Constitution
requires development of the common law in line with the values of dignity,
equality and freedom (s 39(2) of the Constitution of the Republic of South
Africa, 1996).
OCT/NOV EXAM 2025
UNIQUE NO. 815422
DUE DATE: 7 OCTOBER 2025
, Introduction to Research Methodology for Law and Criminal Justice
Question 1
Case: Everfresh Market Virginia (Pty) Ltd v Shoprite Checkers (Pty) Ltd 2012 (1)
SA 256 (CC)
Facts of the Case
Everfresh Market Virginia (Pty) Ltd operated a lease of premises from Shoprite
Checkers (Pty) Ltd in a shopping centre. The lease agreement contained a renewal
clause which provided that upon expiry of the lease, Everfresh could request a renewal,
but the rental amount was subject to “further negotiation” between the parties. When the
lease period expired, Everfresh requested a renewal, but Shoprite refused to engage in
negotiations. Shoprite instead sought eviction of Everfresh. Everfresh opposed this,
arguing that Shoprite had a constitutional duty to negotiate in good faith because the
clause anticipated renewal discussions.
Legal Question
The main legal question was whether the principle of good faith, underpinned by the
values of the Constitution and transformative constitutionalism, could be enforced to
compel a party (Shoprite) to negotiate renewal terms in circumstances where the
contract provided for “further negotiations.”
Reasons for the Decision (Ratio Decidendi)
1. Common Law & Good Faith
o Traditionally, South African contract law does not enforce “agreements to
agree” or negotiation clauses, viewing them as too uncertain.
o However, the Constitutional Court highlighted that the Constitution
requires development of the common law in line with the values of dignity,
equality and freedom (s 39(2) of the Constitution of the Republic of South
Africa, 1996).
