Auckland Park Theological Seminary and Another v University of Johannesburg

The University of Johannesburg (UJ), as successor to the Rand Afrikaans University, owned property in Auckland Park. In 1996 it concluded a registered notarial long-term lease with Auckland Park Theological Seminary (ATS). In 2011 ATS ceded its rights (but not obligations) under the lease to Wamjay Holdings Investments (Pty) Ltd, which then occupied the property and proposed to develop a school. UJ purported to cancel the lease, alleging that the lease rights were delectus personae and personal to ATS, and thus incapable of cession. UJ sued for eviction and cancellation of the lease. The High Court and full court upheld UJ’s claim, finding the lease to be personal. ATS and Wamjay appealed to the Supreme Court of Appeal.

The appeal was upheld with costs. The orders of the full court and the trial court were set aside and replaced with an order dismissing UJ’s claim with costs.

The case is significant for reaffirming the parol evidence rule and clarifying that rights under long-term leases are generally freely cedable unless expressly restricted. It reinforces orthodox principles of contract interpretation and the limited role of contextual evidence, and provides authoritative guidance on delectus personae in South African contract and lease law.