Airports Company South Africa SOC Limited v Airports Bookshops (Pty) Limited t/a Exclusive Books

ACSA leased retail premises at OR Tambo International Airport to Exclusive Books for five years ending 31 August 2013. Due to ACSA’s failure to timeously conclude a new tender process, the parties agreed in August 2013 to extend the lease on a 'month on month' basis. Exclusive continued trading and participated in a subsequent tender process but was unsuccessful. Exclusive launched a PAJA review challenging the lawfulness of the tender award to a third party. Before the review was finalised, ACSA gave notice to terminate the lease and sought Exclusive’s eviction. Exclusive opposed eviction, arguing that the lease was terminable only on reasonable notice, which in the circumstances required completion of a lawful tender process.

The appeal was dismissed with costs, including the costs of two counsel.

The case clarifies that a 'month on month' lease under South African law is not necessarily terminable on one month’s notice, but on reasonable notice determined by context. It reinforces principles of contractual interpretation grounded in commercial sense and confirms the onus on a lessor to prove lawful termination when seeking eviction. The judgment also reaffirms the application of the Plascon-Evans rule in eviction proceedings.