South Africa Case Law

McGee v Rho-Tech (D 369/2023)

McGee v Rho-Tech (D 369/2023) [2025] ZAKZDHC 11 (12 March 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D369/2023

Judge

Hlatshwayo AJ

The court found that the plaintiff was contractually entitled to commission on sales made for the defendant and that the defendant had a duty to render an account detailing commissions earned. The incorrect citation of the defendant as a sole proprietor was not fatal, as the defendant was served at its correct address and engaged fully in the litigation; the plaintiff's application to amend the pleadings to reflect the correct legal entity was granted. The special plea of res judicata failed because the Magistrate's Court did not determine the merits of the claim for rendering an account, dis…

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• Employment Contract
• Commission Claim
• Rendering Of Account
• Amendment Of Pleadings

Zwane v RZT Zelpy 4695 CC t/a Remax Central (A133/2022)

Zwane v RZT Zelpy 4695 CC t/a Remax Central (A133/2022) [2023] ZAGPPHC 1979 (28 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

A133/2022

Judges

Thobane AJ, Millar J

Appeal dismissed in an estate-agent commission dispute. The High Court held the agent was the effective cause of the lease and that alleged mandate termination did not defeat commission.

• Estate Agency Affairs Act
• Fidelity Fund Certificate
• Effective Cause
• Commission Claim
• Mandate Termination
• Locus Standi

Marock v Attacq Limited and Another (2015/40044)

Marock v Attacq Limited and Another (2015/40044) [2018] ZAGPPHC 260 (17 April 2018)

Court

North Gauteng High Court, Pretoria

Case number

2015/40044

Judge

S S Mphahlele

The High Court dismissed a broker’s claim for commission, finding clause 24 of the sale agreement did not prove a specific amount payable to him.

• Stipulatio Alteri
• Commission Claim
• Contractual Interpretation
• Agency Law
• Stipulatio-alteri
• Commission-claims

Twende Africa Group (Pty) Ltd t.a TAG Marine v Qavak; Fisherman Fresh CC v Twende Africa Group (Pty) Ltd t.a TAG Marine (AC216/2018)

Twende Africa Group (Pty) Ltd t.a TAG Marine v Qavak; Fisherman Fresh CC v Twende Africa Group (Pty) Ltd t.a TAG Marine (AC216/2018) [2018] ZAECPEHC 20; [2018] 2 All SA 576 (ECP) (20 February 2018)

Court

Eastern Cape High Court, Port Elizabeth

Case number

AC216/2018

Judge

G G Goosen

The court found that the applicant had demonstrated sufficient urgency due to the commercial prejudice caused by the arrest of the vessel, justifying truncated time periods for the application. On the merits, the plaintiff failed to establish a prima facie contractual claim against the applicant, as the evidence did not support the existence of a tacit or implied agreement obliging the applicant to pay commission. The plaintiff's alternative delictual claim for unlawful interference was also not prima facie established, as the necessary elements, including actual loss and a legal duty, were n…

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• Warrant Of Arrest
• Maritime Claim
• Brokerage Agreement
• Prima Facie Case
• Ex Parte Application
• Commission Claim

Makaula Zilwa Incorporated and Another v Bushbuckridge Local Municipality (A31/2012)

Makaula Zilwa Incorporated and Another v Bushbuckridge Local Municipality (A31/2012) [2017] ZAGPPHC 1067 (18 August 2017)

Court

North Gauteng High Court, Pretoria

Case number

A31/2012

Judge

Mngadi

The High Court upheld a debt-collection commission claim against Bushbuckridge Local Municipality, finding the plaintiffs proved performance and the municipality failed to substantiate its defences.

• Service Level Agreement
• Commission Claim
• Municipal Debt Collection
• Pleading Requirements
• Service-level-agreement
• Commission-claim

Beattie v Latjieskloof Beleggings (Pty) Ltd (1432/2017)

Beattie v Latjieskloof Beleggings (Pty) Ltd (1432/2017) [2017] ZAECPEHC 33 (30 June 2017)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1432/2017

Judge

J W Eksteen

Summary judgment was granted for sales commission, but the defendant was allowed to defend the building commission claim.

• Summary Judgment
• Commission Claim
• Employment Contract
• Magistrates Court Jurisdiction
• Summary-judgment
• Employment-contract

Havenga v Diovision (Pty) Limited (86173/2014)

Havenga v Diovision (Pty) Limited (86173/2014) [2017] ZAGPPHC 1207 (15 June 2017)

Court

North Gauteng High Court, Pretoria

Case number

86173/2014

Judge

M J Teffo

The High Court granted provisional winding-up of the respondent after finding the applicant was a creditor and the dispute over commission was not bona fide.

• Provisional Winding Up
• Locus Standi
• Estate Agency Affairs Act
• Commission Claim
• Bona Fide Dispute
• Creditor Status

Truter v Heat Tech Geysers (Pty) Ltd (JS40/14)

Truter v Heat Tech Geysers (Pty) Ltd (JS40/14) [2016] ZALCJHB 83 (2 March 2016)

Court

Labour Court Johannesburg

Case number

JS40/14

Judge

Golden

The court found that the applicant was dismissed by the respondent, not by voluntary resignation. The dismissal was motivated by prohibited grounds, specifically her sex and family responsibilities, as evidenced by the conduct and instructions of management. The respondent failed to provide credible evidence to rebut the applicant’s case, and its witnesses were contradicted on material facts. The applicant’s dismissal was thus automatically unfair under section 187(1)(f) of the LRA. The applicant was entitled to maximum compensation of 24 months’ salary, unpaid commission, and costs on an att…

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• Automatically Unfair Dismissal
• Sex Discrimination
• Family Responsibility
• Compensation For Unfair Dismissal
• Commission Claim
• Costs Award

Gwk Properties (Pty) Ltd v Sanchoscope (Pty) Ltd (1832/2015)

Gwk Properties (Pty) Ltd v Sanchoscope (Pty) Ltd (1832/2015) [2016] ZANCHC 13 (19 February 2016)

Court

Northern Cape High Court, Kimberley

Case number

1832/2015

Judge

Olivier

An opposed summary judgment application for commission was dismissed because the claim failed on the applicant’s own version and factual disputes remained.

• Summary Judgment
• Commission Claim
• Effective Cause
• Mandate Agreement
• Summary-judgment
• Commission-claims

Pieterse v Broderick and Others (CA96/2013)

Pieterse v Broderick and Others (CA96/2013) [2014] ZAECGHC 8 (27 February 2014)

Court

Eastern Cape High Court, Grahamstown

Case number

CA96/2013

Judges

J W Eksteen, M S Dunywa

The court dismissed an appeal against discharge of an interim interdict over funds held in trust, holding the money was not identifiable with the commission claim.

• Interim Interdict
• Commission Claim
• Quasi Vindicatory Claim
• Estate Agency Affairs Act
• Costs Award
• Interim-interdict