South Africa Case Law

Medshield Medical Scheme v Yarona Healthcare Network (Pty) Ltd (29117/2011)

Medshield Medical Scheme v Yarona Healthcare Network (Pty) Ltd (29117/2011) [2016] ZAGPPHC 538 (5 July 2016)

Court

North Gauteng High Court, Pretoria

Case number

29117/2011

Judge

Molefe

The court found that Medshield made payments to Yarona under a bona fide but mistaken belief that the amounts were owed, and that no legal basis existed for the payments. The mistake was held to be excusable, as the error was induced by the Principal Officer acting in collaboration with Yarona's managing director, and the trustees had implemented reasonable financial controls as required by the Medical Schemes Act. The court rejected Yarona's argument that Medshield's mistake was inexcusable, finding that the trustees could not reasonably have known of the deception. The prescription defence…

Source excerpt

• Unjust Enrichment
• Condictio Indebiti
• Excusable Mistake
• Prescription Act
• Medical Schemes Act

Nelson Mandela Metropolitan Municipality v Ngonyama Okpanum Hewitt- Coleman and Others (765/2010)

Nelson Mandela Metropolitan Municipality v Ngonyama Okpanum Hewitt- Coleman and Others (765/2010) [2012] ZASCA 11 (14 March 2012)

Court

Supreme Court of Appeal

Case number

765/2010

Judges

Brand, Malan, Bosielo, Majiedt, Boruchowitz

The Supreme Court of Appeal held that overpayments to consultants were recoverable under the condictio indebiti because the Municipality’s mistake was excusable.

• Condictio Indebiti
• Excusable Mistake
• Overpayment
• Joint And Several Liability
• Professional Fees
• Unjust Enrichment

Nelson Mandela Bay Metropolitan Municipality v Hewitt-Coleman and Others (145/01)

Nelson Mandela Bay Metropolitan Municipality v Hewitt-Coleman and Others (145/01) [2010] ZAECPEHC 47 (27 July 2010)

Court

Eastern Cape High Court, Port Elizabeth

Case number

145/01

Judge

Mhlantla

The High Court held that the municipality could not recover alleged overpayments to consultants under condictio indebiti because its officials acted with gross negligence.

• Conditio Indebiti
• Agency Authority
• Parol Evidence Rule
• Municipal Liability
• Professional Fees
• Excusable Mistake