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South Africa decisions
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Windybrow Theatre v Maphela and Others (JA47/15) [2016] ZALAC 27; (2016) 37 (ILJ) 2641 (LAC) (14 June 2016)
The Labour Appeal Court held that it could regulate its process, but not order repayment under a separate delict or unjustified enrichment claim. Appeal dismissed.
Margo and Another v Gardner, Gardner and Another v Margo and Another (564/09, 511/09) [2010] ZASCA 110; 2010 (6) SA 385 (SCA) (17 September 2010)
The Supreme Court of Appeal held that the in duplum rule is suspended pendente lite, meaning interest on a judgment debt continues to accrue during litigation and only ceases once it reaches double the capital amount after judgment is granted. The SCA order did not provide for an interest ceiling, and the amounts claimed in the second writ were due and owing. The purpose of the in duplum rule is to protect borrowers from exploitation and to encourage creditors to act promptly, but it does not penalize creditors for delays caused by litigation. The High Court erred in applying the in duplum ru…
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