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South Africa decisions
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Edelstein Farber Grobler INC v Neumann (66161/2012) [2025] ZAGPPHC 335 (28 March 2025)
The High Court dismissed an application for leave to appeal in a professional negligence dispute, finding no reasonable prospect of success and awarding costs.
Pasha v Pandora Jewellery South Africa (Pty) Ltd (C91-2022) [2024] ZALCCT 13 (19 February 2024)
The Labour Court dismissed Pandora’s in limine objection, finding it had not proved lawful amendment of the bonus commission arrangement and awarded the applicant costs.
Mtuba Hardware CC v Gold Reward 120 CC t/a Remax Marine and Another (8145/2020P) [2022] ZAKZPHC 42 (1 September 2022)
The High Court held that a claimant estate agency without a valid fidelity fund certificate at the time of sale was not entitled to commission.
Hardman v Warehouse Finder CC (81695/2017) [2022] ZAGPPHC 39 (31 January 2022)
The court found that the employment contract entitled the plaintiff to commission for transactions brokered prior to her resignation, provided the suspensive conditions were fulfilled and the defendant received payment from the client. There was no contractual provision for forfeiture of commission upon resignation. The alleged 60% commission incentive was not valid as it was not reduced to writing and signed by both parties, as required by the contract. The plaintiff was therefore entitled to 50% of the commission received by the defendant for the Blue Array and Liberty Foods transactions. T…
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Gaboinewe Investments (Pty) Ltd v Vardocap (Pty) Ltd (3246/2020) [2020] ZALMPPHC 99 (7 December 2020)
The court granted summary judgment for consulting and mandate fees under a written finance mandate, rejecting implied-term defences that contradicted the contract.
Pather v Wakefields Real Estate (Pty) Limited (AR82/2016) [2020] ZAKZPHC 16 (29 May 2020)
Appeal over commission for the sale of a house. The court found an oral mandate to the estate agent, held the agent was the effective cause, and dismissed the appeal with costs.
Megafreight Services (Pty) Ltd Bezuidenhout and Another (J1591/19) [2019] ZALCJHB 218 (28 August 2019)
The Labour Court dismissed an urgent application to enforce restraint undertakings because the employer had not paid commission allegedly due, allowing an exceptio defence.
Beijers v Harlequin Duck Properties 231 (Pty) Ltd t/a Office Space Online (1216/2017) [2019] ZASCA 89 (31 May 2019)
The Supreme Court of Appeal held that the written contract between the parties was clear and unambiguous in its terms regarding commission entitlement. Clause 5.1 entitled the appellant to 50% commission for completed deals she effected, and the non-variation clause (clause 20) excluded any oral agreement or practice to the contrary unless reduced to writing and signed by both parties. The respondent's attempt to introduce evidence of an oral agreement or prevailing practice was inadmissible under the parol evidence rule and contradicted the express terms of the contract. The court found that…
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Workerslife Direct (PTY) LTD v Maloka (JA148/2017) [2018] ZALAC 52; (2019) 40 ILJ 841 (LAC) (12 December 2018)
The Labour Appeal Court upheld payment of post-employment commissions, finding the employee’s GSB contract probably authentic and the employer’s version implausible.
Van Zyl and Others v Tergro Group of Companies (Pty) t/a Harcourts Tegro Group (JS1042/14) [2017] ZALCJHB 477 (19 December 2017)
Labour Court held that estate agents were entitled to outstanding commission and that the employer had waived enforcement of restraint and notice provisions.
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