South Africa Case Law

Jooste v iGrow Real Estate (Pty) Ltd (16801/2024)

Jooste v iGrow Real Estate (Pty) Ltd (16801/2024) [2024] ZAWCHC 360 (11 November 2024)

Court

Western Cape High Court, Cape Town

Case number

16801/2024

Judge

J Cloete

The court found that the respondent had established a bona fide and reasonable defence to the applicant's claim, namely that a set-off agreement existed whereby the applicant's commission claims were extinguished by losses incurred in property developments managed by her spouse. The applicant and her spouse's belated denial of the oral agreement was found to lack credibility, given their prior conduct and correspondence. The applicant's reliance on statutory provisions such as s 23(2) of the Insolvency Act, s 34(1) of the Basic Conditions of Employment Act, and s 15(3)(b) of the Matrimonial P…

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• Provisional Winding Up
• Creditor Standing
• Set Off
• Commission Claims
• Abuse Of Process

Redelinghuys v Adapt IT (Pty) Ltd (C199/2019)

Redelinghuys v Adapt IT (Pty) Ltd (C199/2019) [2023] ZALCCT 10; [2023] 7 BLLR 678 (LC); (2023) 44 ILJ 1590 (LC) (27 March 2023)

Court

Labour Court Cape Town

Case number

C199/2019

Judge

Lagrange

The Labour Court held that the former employee earned commission on deals concluded before leaving, even though payment became due after termination.

• Commission Claims
• Employment Contract Interpretation
• Basic Conditions Of Employment Act
• Remuneration Post Termination
• Employment-contract-interpretation
• Commission-claims

Bianca Properties (Pty) Ltd v Mogomana (A113/2019)

Bianca Properties (Pty) Ltd v Mogomana (A113/2019) [2021] ZAGPPHC 606 (17 September 2021)

Court

North Gauteng High Court, Pretoria

Case number

A113/2019

Judges

Van der Schyff, Van der Westhuizen, Neukircher

The court held that the respondent's claim for commission arises from acts performed as an estate agent, as defined in section 1 of the Estate Agency Affairs Act. The respondent was employed by the appellant and performed property transactions without possessing a valid fidelity fund certificate. Section 34A(2) of the Act precludes any person employed as an estate agent from claiming remuneration for such acts unless a valid certificate has been issued. The court agreed with the Full Court in Warren Jack Property Brokers CC v Venter that section 34A applies to agreements between estate agents…

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• Estate Agency Affairs Act
• Fidelity Fund Certificate
• Commission Claims
• Unenforceable Contracts

Signature Real Estate (Pty) Ltd v Charles Edwards Properties and Others (415/2019)

Signature Real Estate (Pty) Ltd v Charles Edwards Properties and Others (415/2019) [2020] ZASCA 63; 2020 (6) SA 397 (SCA) (10 June 2020)

Court

Supreme Court of Appeal

Case number

415/2019

Judges

Navsa, Cachalia, Dambuza, Makgoka, Schippers

The Supreme Court of Appeal held that Signature Real Estate (Pty) Ltd had complied with all statutory requirements for the issuance of a fidelity fund certificate and that the misdescription on the certificate was due solely to an administrative error by the Estate Agency Affairs Board. The court distinguished the present case from Brodsky Trading 224 CC v Cronimet Chrome Mining SA (Pty) Ltd, noting that in Brodsky, the entity failed to notify the Board and did not apply for new certificates, whereas Signature had done both. The court found that the error was one of nomenclature rather than s…

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• Estate Agency Affairs Act
• Fidelity Fund Certificate
• Commission Claims
• Statutory Compliance
• Administrative Error

Pennell v Delevere Investments South Africa (Pty) Ltd (C1009/2014, C330/2015)

Pennell v Delevere Investments South Africa (Pty) Ltd (C1009/2014, C330/2015) [2017] ZALCCT 14 (21 April 2017)

Court

Labour Court Cape Town

Case number

C1009/2014 & C330/2015

Judge

Rabkin-Naicker

The Labour Court upheld claims for notice pay, commission and an oral bonus, but dismissed an unfair labour practice claim based on alleged demotion.

• Unfair Labour Practice
• Notice Pay
• Commission Claims
• Bonus Agreement
• Immigration Act Compliance
• Commission-claims

KLD Residential CC v Empire Earth Investments 17 (Pty) Ltd (9861/13, 16844/07)

KLD Residential CC v Empire Earth Investments 17 (Pty) Ltd (9861/13, 16844/07) [2016] ZAWCHC 83; [2016] 3 All SA 832 (WCC); 2016 (5) SA 485 (WCC) (24 June 2016)

Court

Western Cape High Court, Cape Town

Case number

9861/13, 16844/07

Judge

Rogers

The court held that the Webber Wentzel letter was written without prejudice as part of settlement negotiations and thus protected by the without prejudice rule. The law does not recognize an exception allowing such communications to be used as acknowledgments interrupting prescription, either under South African or English law as at 31 May 1961. The acknowledgment of liability in the letter was not wholly unconnected to the settlement proposal and cannot be isolated from the protected communication. Therefore, the letter is inadmissible for the purpose of interrupting prescription, and KLD's…

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• Prescription Act Section 14
• Without Prejudice Rule
• Commission Claims
• Interruption Of Prescription
• Settlement Negotiations

Erasmus N.O. and Another v Verna van Den Blink Properties CC (A270/2014)

Erasmus N.O. and Another v Verna van Den Blink Properties CC (A270/2014) [2015] ZAFSHC 198 (22 October 2015)

Court

Free State High Court, Bloemfontein

Case number

A270/2014

Judges

A. Kruger, B.C. Mocumie, S. Naidoo

The court held that a close corporation estate agent needed its own fidelity fund certificate, so the commission claim failed.

• Estate Agency Affairs Act
• Fidelity Fund Certificate
• Close Corporation Liability
• Commission Claims
• Estate-agency-affairs-act
• Fidelity-fund-certificate

Viviers v Impact Estates Centurion (Pty) Limited (A750/2007)

Viviers v Impact Estates Centurion (Pty) Limited (A750/2007) [2010] ZAGPPHC 589 (2 February 2010)

Court

North Gauteng High Court, Pretoria

Case number

A750/2007

Judges

Sapire AJ, Seriti J

Appeal upheld after the respondent failed to prove compliance with the Estate Agents Affairs Act or entitlement to commission.

• Estate Agents Affairs Act
• Fidelity Fund Certificate
• Commission Claims
• Burden Of Proof
• Estate-agents-affairs-act
• Fidelity-fund-certificate