South Africa Case Law

Vusi Jiyane Eiendomme (Pty) Ltd v Govan Mbeki Local Municipality (3826/2020)

Vusi Jiyane Eiendomme (Pty) Ltd v Govan Mbeki Local Municipality (3826/2020) [2024] ZAMPMHC 46 (28 August 2024)

Court

Middelburg High Court, Mpumalanga

Case number

3826/2020

Judge

Langa

The court found that the Plaintiff had been provided with the accounts envisaged by section 95(e) of the Systems Act and had declared a formal dispute regarding their accuracy. The Plaintiff's reliance on section 95 for the delivery and debatement of accounts was misplaced, as the section does not expressly or impliedly confer such a right. The Plaintiff's reference to the Credit Control and Debt Collection Policy was also rejected, as the policy provides mechanisms for contesting accounts but does not include delivery and debatement as remedies. The relationship between the parties was found…

Source excerpt

• Statement Of Account
• Debatement Of Account
• Municipal Services Dispute
• Fiduciary Relationship
• Statutory Obligation
• Credit Control Policy

BBT Electrical and Plumbing Construction and Maintenance CC t/a BBT Construction v Retmil Financial Services (Pty) Ltd (A120/2020)

BBT Electrical and Plumbing Construction and Maintenance CC t/a BBT Construction v Retmil Financial Services (Pty) Ltd (A120/2020) [2021] ZAFSHC 199 (14 September 2021)

Court

Free State High Court, Bloemfontein

Case number

A120/2020

Judges

Naidoo, Opperman, Daniso

The court found that while the appellant established a contractual relationship and the right to receive an account, it failed to demonstrate that the accounts rendered by the respondent were insufficient. The appellant did not specify any deficiencies in the statements provided, relying only on discrepancies in amounts claimed, which could be attributed to settlement negotiations or fluctuating costs. The application was brought by way of motion proceedings, and the Plascon Evans-rule applied, requiring that factual disputes be resolved in favour of the respondent. The court held that the ap…

Source excerpt

• Statement Of Account
• Debatement Of Account
• Fiduciary Relationship
• Contractual Rights
• Motion Proceedings
• Plascon Evans Rule

BBT Electrical and Plumbing Construction and Maintenance CC t/a BBT Construction (2690/2015)

BBT Electrical and Plumbing Construction and Maintenance CC t/a BBT Construction (2690/2015) [2020] ZAFSHC 66 (24 February 2020)

Court

Free State High Court, Bloemfontein

Case number

2690/2015

Judge

I VAN RHYN

The High Court dismissed BBT’s application for a statement and debatement of account, finding no sufficient pleaded contractual basis or proof of defective accounting.

• Statement Of Account
• Debatement Of Account
• Contractual Entitlement
• Fiduciary Relationship
• Mortgage Bond Security
• National Credit Act

Setlaboswane Agricultural Cooperative Limited v Temong Management CC and Another (78461/2017)

Setlaboswane Agricultural Cooperative Limited v Temong Management CC and Another (78461/2017) [2019] ZAGPPHC 41 (22 February 2019)

Court

North Gauteng High Court, Pretoria

Case number

78461/2017

Judge

M.J Mosopa

The High Court dismissed an exception to amended particulars of claim, holding the pleading alleged enough facts to proceed and that disputes belonged at trial.

• Exception Procedure
• Particulars Of Claim
• Fiduciary Relationship
• Tripartite Agreement
• Exception-procedure
• Particulars-of-claim

Body Corporate of Annper Heights v City of Johannesburg (2017/38126)

Body Corporate of Annper Heights v City of Johannesburg (2017/38126) [2018] ZAGPJHC 593 (13 September 2018)

Court

South Gauteng High Court, Johannesburg

Case number

2017/38126

Judge

Windell

The court found that the applicant had received all relevant account statements from the respondent, which contained the necessary details regarding electricity consumption, meter readings, and tariff calculations. The applicant's relationship with the respondent was that of debtor and creditor, not fiduciary or contractual, and thus did not entitle the applicant to a debatement of the account. The statutory provisions relied upon by the applicant did not confer a right to debate the account, as confirmed by precedent. The application was therefore dismissed.

Source excerpt

• Municipal Services
• Statement Of Account
• Debatement Of Account
• Fiduciary Relationship
• Statutory Duty

Moila v City of Tshwane Metropolitan Municipality (249/2016)

Moila v City of Tshwane Metropolitan Municipality (249/2016) [2017] ZASCA 15 (22 March 2017)

Court

Supreme Court of Appeal

Case number

249/2016

Judges

Cachalia, Willis, Zondi, Van der Merwe, Mbatha

The Supreme Court of Appeal held that the appellant failed to establish any legal basis for the right to debate the account with the municipality. The pleadings did not allege a fiduciary relationship, contractual agreement, or statutory provision creating such an obligation. The statutory framework under the Local Government Municipal Systems Act provides mechanisms for querying or verifying accounts and for complaints, but does not confer a right to debate accounts. The point in limine raised by the municipality was correctly upheld, and the appeal was dismissed with costs.

Source excerpt

• Statement Of Account
• Municipal Services
• Fiduciary Relationship
• Debate Of Account

Tebfin (Pty) Ltd v Kusakusa Catering & Projects CC CC and Another, Tebfin (Pty) Ltd v Kusakusa Catering & Projects CC CC and Another (1695/14, 1696/14)

Tebfin (Pty) Ltd v Kusakusa Catering & Projects CC CC and Another, Tebfin (Pty) Ltd v Kusakusa Catering & Projects CC CC and Another (1695/14, 1696/14) [2015] ZAKZPHC 18 (26 March 2015)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

1695/14, 1696/14

Judge

Van Zyl

The High Court upheld exceptions, finding no pleaded basis for an account against the provincial department and striking out those claims, with leave to amend.

• Exception To Particulars Of Claim
• Fiduciary Relationship
• Cession In Securitatem Debiti
• Duty To Account
• Exception-to-particulars-of-claim
• Fiduciary-duty

Plaaskem (Pty) Ltd v Nippon Africa Chemicals (Pty) Ltd (574/13)

Plaaskem (Pty) Ltd v Nippon Africa Chemicals (Pty) Ltd (574/13) [2014] ZASCA 73; 2014 (5) SA 287 (SCA); [2014] 4 All SA 12 (SCA) (29 May 2014)

Court

Supreme Court of Appeal

Case number

574/13

Judges

Mthiyane, Mhlantla, Shongwe, Willis, Hancke

The Supreme Court of Appeal held that a silent-duration commercial agreement was terminable on reasonable written notice because the parties did not intend perpetual binding.

• Contract Duration
• Tacit Terms
• Termination On Reasonable Notice
• Fiduciary Relationship
• Commercial Convenience
• Contract-duration

Ferreira v Roux and Another (428/09)

Ferreira v Roux and Another (428/09) [2010] ZAECPEHC 57 (14 September 2010)

Court

Eastern Cape High Court, Port Elizabeth

Case number

428/09

Judge

J W Eksteen

The court found that the plaintiff failed to establish any contractual, statutory, or fiduciary basis obliging the defendants to deliver a specified account. The agreement merely determined the scope of the plaintiff's remuneration, and the facts showed he had access to all relevant cost information during the contract's execution. The relationship between the parties was that of ordinary debtor and creditor, not one creating a duty to render an account. Precedent confirms that such a duty arises only from a fiduciary relationship, statute, or express contractual term, none of which were pres…

Source excerpt

• Statement Of Account
• Fiduciary Relationship
• Contractual Obligation
• Debtor Creditor Relationship

Pintado Trading 800 (Pty) Ltd v Fleet Africa (Pty) Ltd (5866/2009)

Pintado Trading 800 (Pty) Ltd v Fleet Africa (Pty) Ltd (5866/2009) [2010] ZAKZDHC 22 (1 June 2010)

Court

Kwazulu-Natal High Court, Durban

Case number

5866/2009

Judge

Hughes-Madondo

High Court held that the proposed amendment to the particulars of claim should be allowed, with wasted costs awarded against the plaintiffs.

• Amendment Of Pleadings
• Fiduciary Relationship
• Partnership
• Exception Procedure
• Amendment-of-pleadings
• Exception-procedure