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South Africa decisions
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Van Willing Funerals CC and Another v Vision Direct 155 (Pty) Ltd t/a Transafrica (4132/2023) [2025] ZAECQBHC 21 (17 June 2025)
The High Court dismissed a passing-off interdict application, finding the funeral policy use of “Van Willing Funerals” had been authorised by agreement.
Johan Theron Makelaars CC and Another v Chairperson for Office of Ombud and Others (72880/2019) [2024] ZAGPPHC 1361 (24 December 2024)
High Court review of FAIS Ombud and Tribunal decisions over Sharemax investment complaints, setting aside most reimbursement and cession orders for unfairness and legal error.
Movundlela Consulting (Pty) Ltd v Mmela Financial Services (Pty) Ltd (17393/20;14804/20) [2023] ZAGPJHC 279 (23 March 2023)
The court found that Movundlela Consulting rendered financial services to Mmela Financial Services at a time when it was not registered as a financial services provider under the FAIS Act. Section 7(1) of the FAIS Act prohibits any person from acting as a financial services provider without a licence, and section 36 makes such conduct a criminal offence. The court held that enforcing the arbitral award would be contrary to public policy and the principle of legality, as it would condone a statutory violation. The application to make the arbitral award an order of court was therefore dismissed.
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White Oak Trade & Specialty Finance Cayman LLC v Santam Structured Insurance Limited and Others (13311/2020) [2023] ZAGPJHC 148 (22 February 2023)
The court held that the insurance documents sought by the plaintiff are relevant to the pleaded issues, particularly regarding the authority of the third defendant and the relationships between the defendants. The defendants failed to establish that these documents are privileged, as they were not created in contemplation of litigation nor for submission to legal advisers. The FAIS compliance documents are also relevant, given the statutory duties pleaded, and the requests were not overly broad. Attorney instruction letters predating any mandate or litigation are not privileged and must be di…
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Weissensee v Stone-Bird Investments (PTY) Ltd and Others (2020/19821) [2022] ZAGPJHC 817; [2022] 4 All SA 905 (GJ) (17 October 2022)
The court found that the asset management agreement between the applicant and the first respondent was void ab initio because the first respondent was not licensed under section 7(1) of the FAIS Act. The respondents' counterclaim for rectification was dismissed as the rectified agreement would still not comply with the Act and remain void. The arbitration clause was also declared void, as it formed part of the void agreement and there was no dispute capable of referral to arbitration. The court held that the applicant was entitled to restitution of the €600,000 paid under the void agreement,…
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PSG Wealth Financial Planning (Pty) Ltd v Louw and Others (556/2019) [2019] ZAECGHC 63 (18 June 2019)
The court found that all clients serviced by the first and second respondents under the applicant's FSP licence are, by law and contract, clients of the applicant. The association agreements clearly define clients and business in terms that vest ownership and protectable interests in the applicant. The restraint of trade and confidentiality undertakings are valid and enforceable, as the respondents failed to prove unreasonableness or excessive one-sidedness. The period of restraint sought by the applicant was reduced to nine months from the termination date, as this was found to be reasonable…
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Atwealth (Pty) Ltd and Others v Kernick and Others (116/2018) [2019] ZASCA 27; [2019] 2 All SA 629 (SCA); 2019 (4) SA 420 (SCA) (28 March 2019)
The Supreme Court of Appeal held that the respondents failed to prove negligent financial advice or causation, and dismissed the action with costs.
Standard Bank of South Africa v Benjamin and Others (C24/16) [2017] ZALCCT 7 (10 February 2017)
The Labour Court reviewed and set aside an arbitration award, finding that dismissal of a bank financial adviser for confidential information misuse was substantively fair.
Old Mutual Life Assurance Company (South Africa (Limited) v Henson (10270/2016) [2016] ZAKZDHC 42 (28 October 2016)
The court found that the applicant has a protectable proprietary interest in its client connections and confidential information acquired during the respondent's employment. The restraint of trade clause is enforceable to the extent that it protects these interests and is limited to clients to whom the respondent rendered financial services. The respondent failed to discharge the onus of proving that the restraint is unreasonable in duration or scope. While the applicant sought a three-year restraint, the court determined that a two-year period is more appropriate, given the lack of evidence…
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