Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

South Africa decisions

Decisions matching the current search

Clear filters
Commercial And Corporate [2008] ZASCA 89

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…

  • Unjustified Enrichment
  • Condictio Ob Turpem Vel Iniustam Causam
  • Par Delictum Rule
  • Fiduciary Duty
  • Medical Schemes Act
  • Broker Commission
Read case analysis

About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.