Lass v Lubamba and Another (60923/16) [2019] ZAGPPHC 307 (17 July 2019)

Lass v Lubamba and Another (60923/16) [2019] ZAGPPHC 307 (17 July 2019)

The court found that, although the 2015 contract stipulated remuneration in Angolan Kwanza, the parties' conduct and background circumstances indicated an agreement to pay the plaintiff in US dollars. The failed payment attempts in foreign currency, the history of payments in US dollars, and the impracticality of payment in Kwanza for a South African-based plaintiff supported this interpretation. The court applied the presumption that Angolan law is the same as South African law, given the absence of expert evidence on Angolan law. The 2016 contract was found invalid and unenforceable, as the plaintiff did not have a valid work visa and did not perform services after January 2016. The...

Citation
[2019] ZAGPPHC 307
Parties
Plaintiff: Riaan Lass; Defendant: Francisco Abilio Lubamba
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 July 2019
Case Number
60923/16
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim succeeds partially. Defendant is ordered to pay USD 39,000 plus interest and 50% of plaintiff's costs.
Judges
Bam
Legal Topics
International Employment Contract, Choice of Law, Remuneration Dispute, Contractual Interpretation, Foreign Currency Payment
Commercial and Corporate Civil Procedure International Employment Contract Choice of Law Remuneration Dispute Contractual Interpretation Foreign Currency Payment

Case Brief

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Parties

Riaan Lass

Plaintiff

Francisco Abilio Lubamba

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the defendant was obliged to pay the plaintiff's remuneration in US dollars under the 2015 contract.
  2. 2 Whether the plaintiff is owed any remuneration under the 2016 contract.
  3. 3 Whether the 2016 contract is valid and enforceable under Angolan law.

Ratio Decidendi

The court found that, although the 2015 contract stipulated remuneration in Angolan Kwanza, the parties' conduct and background circumstances indicated an agreement to pay the plaintiff in US dollars. The failed payment attempts in foreign currency, the history of payments in US dollars, and the impracticality of payment in Kwanza for a South African-based plaintiff supported this interpretation. The court applied the presumption that Angolan law is the same as South African law, given the absence of expert evidence on Angolan law. The 2016 contract was found invalid and unenforceable, as the plaintiff did not have a valid work visa and did not perform services after January 2016. The...

Court Disposition

Plaintiff's claim succeeds partially. Defendant is ordered to pay USD 39,000 plus interest and 50% of plaintiff's costs.

Orders

  • The defendant is ordered to pay the plaintiff an amount of USD 39,000, calculated at the exchange rate as at the date of this order.
  • Interest is to be paid on the said amount of USD 39,000 a temporae morae.