Afrisure CC and Another v Watson NO and Another (522/2007)
Afrisure CC and Another v Watson NO and Another (522/2007) [2008] ZASCA 89; [2009] 1 All SA 1 (SCA); 2009 (2) SA 127 (SCA) (11 September 2008)
The Supreme Court of Appeal found that the agreement between Publiserve and Afrisure was formulated to evade statutory restrictions on broker's commission, constituting an agreement in fraudem legis and thus illegal and unenforceable. Both the broker's commission and the disguised service fees were found to be illegal, and the entire agreement could not be severed to preserve the lawful portion. The par delictum rule, which ordinarily prevents restitution where both parties are in pari delicto, was relaxed in this case due to public policy considerations aimed at protecting scheme members. De…
Source excerpt
- Unjustified Enrichment
- Condictio Ob Turpem Vel Iniustam Causam
- Par Delictum Rule
- Fiduciary Duty
- Medical Schemes Act
- Broker Commission