“In terms of s 77A(e) of the BCEA, the Court has the power to order specific performance. It has generally been accepted that exercising that power, the Court has a discretion whether to grant or refuse an order for specific performance. In this regard, the Court in Santos Professional Football Club (Pty) Ltd v Igesund and Another, found that the “practical consideration” which the Court a quo applied was not the test to apply in the exercise of the discretion of granting or refusing specific performance. The approach to adopt according to the Court is that: ‘… courts should be slow and cautious in not enforcing contracts. They should, in specific performance situations, only refused performance where a recognised hardship to the defaulting party is proved’
Molahlehi J in Somi v Old Mutual Africa Holdings (Pty) Ltd (Case no: J2828/14, 3 July 2015) at para [25] with footnotes omitted.
For more information and comment on the unreported judgment see Specific performance: Unlawful termination of contract