South Africa Case Law

Interlagos Trading (Pty) Ltd and Others v Sundale Free Range Dairy (Pty) Ltd (D8288/2024)

Interlagos Trading (Pty) Ltd and Others v Sundale Free Range Dairy (Pty) Ltd (D8288/2024) [2025] ZAKZDHC 42 (11 July 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D8288/2024

Judge

Olsen J

The High Court upheld exceptions to a prolix particulars of claim in a commission dispute, finding the plaintiffs had not clearly pleaded a cause of action or joint liability.

• Pleading Requirements
• Vagueness And Embarrassment
• Joint And Several Liability
• Commission Agreements
• Agency
• Striking Out

SPP Pumps (South Africa) (Pty) Ltd v Stoop (A189/2020)

SPP Pumps (South Africa) (Pty) Ltd v Stoop (A189/2020) [2022] ZAGPPHC 200 (29 March 2022)

Court

North Gauteng High Court, Pretoria

Case number

A189/2020

Judges

R G Tolmay, N V Khumalo, V M Nqumse

The court found that the managing director, Van Wyk, had ostensible authority to enter into commission agreements with the respondent. This conclusion was supported by evidence that Van Wyk managed the business without limitation under the Companies Act, negotiated employment contracts and salary increases, and entered into similar commission agreements with other employees. The company itself relied on an employment agreement signed by Van Wyk, which included a commission clause, to enforce a restraint of trade against the respondent. There was no evidence that the respondent was aware of an…

Source excerpt

• Ostensible Authority
• Commission Agreements
• Companies Act
• Restraint Of Trade

Liberty Group Limited v K&D Telemarketing CC and Others (75525/10)

Liberty Group Limited v K&D Telemarketing CC and Others (75525/10) [2018] ZAGPPHC 528; 2019 (1) SA 540 (GP) (14 June 2018)

Court

North Gauteng High Court, Pretoria

Case number

75525/10

Judge

Tuchten

The court refused leave to reopen an action and condonation, holding that the claim had prescribed after absolution from the instance was granted.

• Absolution From The Instance
• Prescription Act
• Leave To Reopen
• Condonation
• Commission Agreements
• Absolution-from-the-instance

Commissioner for the South African Revenue Service v Reunert Ltd (971/2016)

Commissioner for the South African Revenue Service v Reunert Ltd (971/2016) [2017] ZASCA 153; 80 SATC 113 (22 November 2017)

Court

Supreme Court of Appeal

Case number

971/2016

Judges

Cachalia, Tshiqi, Seriti, Willis, Ploos van Amstel

The Supreme Court of Appeal held that only Reunert’s net commission accrued for tax purposes, because clause 4.1 was subject to clause 4.9’s dividend set-off.

• Income Tax Liability
• Commission Agreements
• Contractual Interpretation
• Accrual For Tax Purposes
• Income-tax
• Accrual-for-tax-purposes

X-Procure Software SA (Pty) Ltd v Sutherland (882/2013)

X-Procure Software SA (Pty) Ltd v Sutherland (882/2013) [2014] ZASCA 196 (28 November 2014)

Court

Supreme Court of Appeal

Case number

882/2013

Judges

Maya, Leach, Willis, Saldulker, Mocumie

The SCA held that a commission clause in an outsource sales agreement covered renewals and extensions of existing advertising contracts, dismissing the appeal with costs.

• Contract Interpretation
• Commission Agreements
• Specific Performance
• Contract-interpretation
• Commission-agreements
• Commercial-contracts

N&Z Instrumentation and Control v Trolex SA (Pty) Ltd (2012/A5052)

N&Z Instrumentation and Control v Trolex SA (Pty) Ltd (2012/A5052) [2013] ZAGPJHC 251 (4 June 2013)

Court

South Gauteng High Court, Johannesburg

Case number

2012/A5052

Judges

Sutherland, Carelse, Ranchod

Appeal over an alleged oral exclusive distributorship and commission agreement failed; the court found the documents and conduct showed negotiations, not consensus.

• Oral Contracts
• Exclusive Distributorship
• Commission Agreements
• Contractual Consensus
• Agency Authority
• Oral-contracts

Stac Plastic Machinery Agency (Pty) Ltd v Swan Plastic CC (5117/2007)

Stac Plastic Machinery Agency (Pty) Ltd v Swan Plastic CC (5117/2007) [2011] ZAKZDHC 78 (4 November 2011)

Court

Kwazulu-Natal High Court, Durban

Case number

5117/2007

Judge

Ploos van Amstel

High Court dispute over a replacement belling machine and commission claim. The court held the plaintiff was not the seller and no binding commission agreement was proved.

• Sale Of Goods
• Commission Agreements
• Agency Relationship
• Breach Of Contract
• Sale-of-goods
• Commission-agreements

Edge Distributors CC v Minco Resources 202 (Pty) Ltd and Others (2010/12065)

Edge Distributors CC v Minco Resources 202 (Pty) Ltd and Others (2010/12065) [2010] ZAGPJHC 116 (22 November 2010)

Court

South Gauteng High Court, Johannesburg

Case number

2010/12065

Judge

C G Lamont

The court found that the commission-sharing arrangement between the applicant and third respondent was not governed by the non-variation clause in the Vizirama contract, as it was a separate agreement and not an annexure to the main contract. The oral variation of the commission-sharing arrangement was therefore effective. The evidence, including subsequent contracts and correspondence, supported the respondents' version that the applicant was only entitled to commission from the Nuco contract and not from the Vizirama contract. The court further held that there was a material dispute of fact…

Source excerpt

• Commission Agreements
• Oral Variation Of Contract
• Non Variation Clause
• Contractual Dispute
• Payment Of Commission

Naude v Aucor (Sandton) Pty Ltd (27784/2006)

Naude v Aucor (Sandton) Pty Ltd (27784/2006) [2010] ZAGPPHC 12 (5 February 2010)

Court

North Gauteng High Court, Pretoria

Case number

27784/2006

Judge

Prinsloo

The court found that Holburn had implied authority to bind the defendant in the commission agreement with the plaintiff. The evidence demonstrated that Holburn acted as an agent of the defendant, used the defendant's resources, and corresponded on official letterheads. The plaintiff was the effective cause of the sale, having introduced the buyer and facilitated the transaction. The defendant's witnesses were evasive and failed to provide credible evidence to rebut the plaintiff's version. The indemnity signed by Dall further supported the existence of authority. On a balance of probabilities…

Source excerpt

• Agency Authority
• Commission Agreements
• Implied Authority
• Contractual Disputes

Hamilsplit (EDMS) Bpk and Another v Erasmus and Another (4483/2005)

Hamilsplit (EDMS) Bpk and Another v Erasmus and Another (4483/2005) [2007] ZAFSHC 98 (20 September 2007)

Court

Free State High Court, Bloemfontein

Case number

4483/2005

Judge

C.H.G. van der Merwe, R

The court held that the plaintiffs failed to prove an oral amendment making the first defendant liable for commission repayments, and absolved him from the instance with costs.

• Commission Agreements
• Oral Variation Of Contract
• Risk Allocation
• Burden Of Proof
• Oral-variation-of-contract
• Non-variation-clause