National Stadium South Africa (Pty) Ltd and Others v Firstrand Bank Ltd

Firstrand Bank Ltd (FNB) financed the original construction of a football stadium in Soweto in 1988. As consideration, it was contractually granted the right to name the stadium ‘FNB Stadium’. Over time, this right was diluted but preserved through subsequent agreements, culminating in a 2007 servitude agreement and the registration in 2008 of a personal servitude over the property in favour of FNB, securing exclusive naming rights for a defined period. Prior to the 2010 FIFA World Cup, the stadium was substantially reconstructed with state funding and temporarily renamed ‘Soccer City’ for FIFA purposes, with FNB’s consent. After the World Cup, the City of Johannesburg (lessee) and its appointed stadium managers sought to market and sell the naming rights to third parties, asserting that FNB’s rights had lapsed or were incapable of constituting a real right. FNB launched urgent proceedings to interdict this conduct, relying on the registered personal servitude.

The appeal was upheld in part. The order of the High Court was amended but the core relief was confirmed: the appellants were interdicted from naming the stadium other than ‘FNB Stadium’ or from selling naming rights during the subsistence of the servitude, and a declaratory order confirmed that FNB held the sole naming rights for the duration of the servitude. Costs were awarded against the appellants jointly and severally.

The case is a leading authority on the nature of naming rights in South African law. It confirms that naming rights over immovable property may constitute a real right capable of protection by a registered personal servitude. The judgment provides important guidance on the distinction between personal and real rights, the registrability of servitudes under the Deeds Registries Act, and the commercial exploitation of stadium and property naming rights.