Grand Mines (Pty) Ltd v Giddey No. (183/97) [1998] ZASCA 99 Country/Territory South Africa Type of court National - higher court Date Oct 23, 1998 Source UNEP, InforMEA Court name Supreme Court of Appeal Seat of court Bloemfontain Judge Schutz W. P. Reference number No. 183/97 Subject Mineral resources, Legal questions Abstract This case concerns a contract between two parties. The exceptio non adimpleti contractus requires that obligations under the contract be reciprocal.This would mean that non-performance by one party would allow for the non-performance of another. Therefore, when Grand Mines paid for the coal did Bercon have an obligation to rehabilitate the mine?It was found that the obligations were not reciprocal as what the parties had contracted was clear in the terms of their agreement.The appeal brought by Grand Mines was dismissed. Full text Grand Mines (Pty) Ltd v Giddey NO (183 97) [1998] ZASCA 99.pdf 99.pdf Website www.saflii.org