Freestone Property Investment (Pty) Ltd vs Remake Consultants CC and Another (2020/29927)  ZAGPJHC 150 (25 August 2021)
Hard lockdown hit commercial tenants and their landlords without discriminating between the two. The court here was asked to find that a commercial landlord’s cancellation of the lease was unlawful, the tenant arguing that due to the supervening impossibility caused by lockdown, it could not be obliged to pay rentals. But the court warned that the answer has nuances, including that during hard lockdown both parties were prevented from performing, and that a continued failure to pay rental after the lifting of hard lockdown had to be addressed separately. It is a worthwhile read for commercial landlords and tenants.