South Africa Case Law

Fujitsu Services Core (Pty) Limited v Schenker South Africa (Pty) Limited (CCT 32/22)

Fujitsu Services Core (Pty) Limited v Schenker South Africa (Pty) Limited (CCT 32/22) [2023] ZACC 20; 2023 (9) BCLR 1054 (CC); (2023) 44 ILJ 2391 (CC); 2023 (6) SA 327 (CC) (28 June 2023)

Court

Constitutional Court

Case number

CCT 32/22

Judges

Zondo CJ, Maya DCJ, Baqwa AJ, Kollapen J, Madlanga J, Majiedt J, Mathopo J, Mbatha AJ, Mhlantla J, Rogers J, Tshiqi J

The majority of the Constitutional Court held that clause 17 of the SAAFF standard terms and conditions is clear and unambiguous in excluding liability for loss of valuable goods, including theft by an employee, unless special arrangements are made in writing. The Court found that Fujitsu did not make such arrangements and therefore Schenker is not liable. The Court reasoned that the parties voluntarily agreed to the terms, and there is no evidence of unequal bargaining power or unfairness. The clause does not offend public policy, as it does not benefit the employer from the theft, and the r…

Source excerpt

• Contractual Exemption Clauses
• Public Policy
• Vicarious Liability
• Interpretation Of Contracts
• Deliberate Wrongdoing
• Standard Form Contracts

Collins v Serco Industries (Pty) Ltd (6236/2007)

Collins v Serco Industries (Pty) Ltd (6236/2007) [2008] ZAKZHC 30 (29 January 2008)

Court

High Courts - Kwazulu Natal

Case number

6236/2007

Judge

Ntshangase

The court held that a special plea under section 35(1) of COIDA could not yet be decided and deferred the issue for oral evidence on alleged deliberate wrongdoing.

• Compensation For Occupational Injuries And Diseases Act
• Special Plea
• Deliberate Wrongdoing
• Common Law Exception
• Dependants Claim
• Workplace Death