Reportable: YES / NO
Circulate to Judges: YES / NO
Circulate to Regional Magistrates: YES / NO
Circulate to Magistrates: YES / NO
THA
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Vo
COPS
IN THE HIGH COURT OF SOUTH AFRICA
(NORTHERN CAPE DIVISION KIMBERLEY)
Case Number: 375/2018
In the matter between:
NTEENE ENTERPRISE (PTY) LTD Plaintiff
and
THE TRUSTEES FOR THE TIME BEING OF THE
GERBRAND VAN DER WALT TRUST First Defendant
GERBRAND VAN DER WALT N.O. Second Defendant
Neutral citation: Nteene Enterprise (Pty) Ltd v The Trustees for the time being of the
Gerbrand Van Der Walt Trust and Another (Case Number: 375/2018).
Coram: Ramaepadi AJ
Heard: 08 October 2024
Delivered: 08 August 2025
JUDGMENT
RAMAEFPADI AJ
[1] This case concerns the proper interpretation of a commercial contract concluded
between the plaintiff (“Nteene Enterprise (Pty) Ltd”) on the one hand, and the first and
second defendants on the other hand (“The Trustees for the time being of the Gerbrand
Van der Walt Trust [“the Trust’] and Gerbrand Van der Walt N.O., as first and second
defendants, respectively).
[2] The terms of the contract are recorded in two e-mails dated 24 October 2016. The first
is the e-mail by Serekeu Charles Nteene (“Nteene junior”) on behalf of the plaintiff and
was transmitted to the defendants on 24 October 2016 at 12:55 pm for the attention of
Pierre Haggard. This e-mail was attached to the plaintiffs particulars of claim as
annexure “D”. The second is the e-mail by Pierre Haggard on behalf of the defendants
and was transmitted to the plaintiff on 24 October 2016 for the attention of Nteene
junior. This e-mail was attached to the plaintiffs particulars of claim as annexure “C”.
It was common cause at the hearing of this matter that annexure “D” was sent at around
14:00 pm on 24 October 2016.
[3] According to the particulars of claim, the terms of the contract were reduced to writing
and recorded in the two e-mails (annexures “C” and “D”).
[4] In annexure “D”, Nteene junior wrote to Haggard:
“Good day. In respect to a final agreement, I would like to follow up on the meeting that took
place at Ladybrand on the 24" October 2016. This is between DG Logistics and Nteene
Enterprise.
Per terms, DG Logistics will sub-contract Nteene Enterprise. Nteene Enterprise would supply
a total of three (3) Volvo FH440 6*4 T/T trucks to be operated under DG Logistics. As the
contractor DG Logistics would provide loads and the daily running of the trucks. Diesel will
be supplied by the contractor (DG Logistics).
3
Nteene Enterprise will be responsible for all issues pertaining to the drivers. It would also be
responsible for the service and any maintenance needed on the vehicles.” (My underlining)
[5] In annexure “C”, Haggard wrote to the plaintiff:
“Hi Charles/ Moroke
Owner is Gerbrand van der Walt and is our Head Office in Kimberley.
1. DG Carriers have its own fleet with 14 trucks and 6 sub-contractors, conducting Business
for more than 5 years.
2. We do loads across SA and Lesotho. As mentioned this morning we will utilize you (sic)
trucks on the Cape route as it is most profitable and conducive op drop sides trailers.
3. Nteene Enterprises to appoint suitable drivers as it is of cardinal importance to the success
of the Business. We will work directly with the drivers on a daily basis and any problems
will be referred to you.
4. DG Carriers will supply all loads at a profit margin of R10. Per ton.
5. We will supply diesel and tyres.
6. Invoices to be done by Nteene Enterprises. All supporting documents, Pod’s weighbridge
slips and loadcons must accompany invoices. We will assist in this regard. For every load
a loadcon will be mailed directly to you.
7. Cut-off date for invoices is the 25 of each month with payment not later than the 7" of the
month following thereafter. For example: Cut-off date 25 November 2016 and payment
then at 7 January 2017.
8. Working capital to cover for expenses until first payment are received. All expenses be
covered by Nteene Enterprices (sic) except for diesel and tyres.
9. Goods in Transit insurance for R500 000 be provided before work commence.
10. Monthly reconciliation will be provided ....