South Africa Case Law

KP De Lange Trading (Pty) Ltd v HWBH Group (Pty) Ltd (918/2021)

KP De Lange Trading (Pty) Ltd v HWBH Group (Pty) Ltd (918/2021) [2024] ZAFSHC 129 (10 May 2024)

Court

Free State High Court, Bloemfontein

Case number

918/2021

Judge

Reinders

The court found that the plaintiff had proved, on a balance of probabilities, the existence of a verbal agreement for the supply of maize chop at market price plus commission, with payment due within 48 hours of invoice. The evidence established that the plaintiff delivered the goods and that the defendant failed to pay the claimed amount. The defendant's version of the agreement was rejected due to lack of corroboration and failure to produce banking or audited bookkeeping records to substantiate alleged payments. The defendant's own affidavit in support of a rescission application was consi…

Source excerpt

• Verbal Contract
• Payment Of Debt
• Commission Dispute
• Damages
• Burden Of Proof

Currie Group (Pty) Ltd v Ngoma and Others (2023-109091)

Currie Group (Pty) Ltd v Ngoma and Others (2023-109091) [2023] ZAGPJHC 1259 (31 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023-109091

Judge

GC Wright

The court struck an urgent application off the roll, finding the applicant had not shown a proper basis for urgency in a commission dispute.

• Urgency
• Commission Dispute
• Striking Off Roll
• Commission-dispute
• Striking-off-roll
• Civil-procedure

Liberty Group Limited v CFS Solutions (PTY) Ltd and Another (1395/2022)

Liberty Group Limited v CFS Solutions (PTY) Ltd and Another (1395/2022) [2023] ZAFSHC 15 (23 January 2023)

Court

Free State High Court, Bloemfontein

Case number

1395/2022

Judge

S Naidoo

The High Court granted provisional sentence on an acknowledgment of debt, rejecting the defendants’ claim that the debt had been paid.

• Provisional Sentence
• Acknowledgment Of Debt
• Suretyship
• Commission Dispute
• Provisional-sentence
• Acknowledgment-of-debt

Whyte v WK Insurance Associates (PTY) Ltd and Others (2021/6801)

Whyte v WK Insurance Associates (PTY) Ltd and Others (2021/6801) [2022] ZAGPJHC 600 (25 August 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2021/6801

Judge

Swanepoel AJ

High Court case on mistaken payment of investment fees, enrichment, and theft. The court ordered repayment, interest, and punitive costs.

• Unjustified Enrichment
• Conditio Sine Causa
• Conditio Furtiva
• Commission Dispute
• Joint And Several Liability
• Punitive Costs

JMG & Sons Trucking Components (Pty) Ltd v Brabson and Another (J1575/12)

JMG & Sons Trucking Components (Pty) Ltd v Brabson and Another (J1575/12) [2014] ZALCJHB 283 (28 July 2014)

Court

Labour Court Johannesburg

Case number

J1575/12

Judge

R Lagrange

The Labour Court enforced a restraint of trade only in part, finding a limited protectable interest in customer connections and pricing information and reducing the restraint to four months.

• Restraint Of Trade
• Protectable Interest
• Customer Connections
• Commission Dispute
• Restraint-of-trade
• Protectable-interest

Rossgro Chickens (Pty) Ltd v Cold Chain (Pty) Ltd (11563/2011)

Rossgro Chickens (Pty) Ltd v Cold Chain (Pty) Ltd (11563/2011) [2014] ZAGPPHC 258 (24 April 2014)

Court

North Gauteng High Court, Pretoria

Case number

11563/2011

Judge

D S Fourie

The court dismissed most of a supplier’s claim under a distribution agreement, finding no proven amendment for direct deliveries and awarding only admitted and proven amounts.

• Distribution Agreement
• Contract Modification
• Burden Of Proof
• Returns Policy
• Commission Dispute
• Contract-modification

Royal Mnandi (Pty) Limited v Jones and Others (46600/2012)

Royal Mnandi (Pty) Limited v Jones and Others (46600/2012) [2013] ZAGPPHC 443 (11 December 2013)

Court

North Gauteng High Court, Pretoria

Case number

46600/2012

Judge

S L Magardie

High Court review application dismissed; the court held the arbitration appeal tribunal acted within its mandate and no gross irregularity was shown.

• Arbitration Review
• Gross Irregularity
• Party Autonomy
• Employment Contract
• Commission Dispute
• Arbitration-review

Fourier Approach (PTY) v West (921/2012)

Fourier Approach (PTY) v West (921/2012) [2013] ZASCA 194 (2 December 2013)

Court

Supreme Court of Appeal

Case number

921/2012

Judges

Nugent, Shongwe, Leach, Willis, Meyer

The Supreme Court of Appeal held that commission on “sales realised” was based on the sale price only, not interest paid for credit or late payment.

• Contract Interpretation
• Commission Dispute
• Employment Agreement
• Interest On Sale Price
• Contract-interpretation
• Commission-dispute

Kitsopoulos v Cherangani Trade & Invest 113 (Pty) Ltd (60/2010)

Kitsopoulos v Cherangani Trade & Invest 113 (Pty) Ltd (60/2010) [2011] ZAFSHC 127 (25 August 2011)

Court

Free State High Court, Bloemfontein

Case number

60/2010

Judge

L J Lekale

The court found the plaintiff was entitled to a 70/30 commission split on a commercial property sale and ordered the defendant to pay the balance plus interest and costs.

• Estate Agency Affairs Act
• Commission Dispute
• Oral Employment Contract
• Remuneration Entitlement
• Commission-dispute
• Oral-employment-contract

Comtech Networking Solutions CC v Director General of Department of Labour NO and Another (J2614/08)

Comtech Networking Solutions CC v Director General of Department of Labour NO and Another (J2614/08) [2009] ZALCJHB 89 (28 August 2009)

Court

Labour Court Johannesburg

Case number

J2614/08

Judge

Pillay D

The Labour Court found that the Department of Labour acted with bias and failed to provide the employer with a fair opportunity to respond to the employee's claims. The documentary evidence supported the employer's version regarding the June 2008 salary advance and the absence of a valid claim for September and October 2007. The Department of Labour lacked jurisdiction to order payment for claims older than 12 months under section 70(d) of the BCEA. The court held that the validity of the commission forfeiture clause could not be determined without further evidence and argument, and thus refe…

Source excerpt

• Basic Conditions Of Employment Act
• Compliance Order
• Unpaid Salary
• Commission Dispute
• Administrative Bias