South Africa Case Law

National Consumer Commission v M. Kleynhans t/a 3 Palms Bed and Breakfast Kuilsriver (NCT/63897/201673(2)(b))

National Consumer Commission v M. Kleynhans t/a 3 Palms Bed and Breakfast Kuilsriver (NCT/63897/201673(2)(b)) [2016] ZANCT 62 (24 December 2016)

Court

National Consumer Tribunal

Case number

NCT/63897/201673(2)(b)

Judges

F Sibanda, L Best, B Dumisa

The Tribunal found a 50% cancellation fee unreasonable for a booking cancelled 76 days in advance and ordered the respondent to refund the balance.

• Consumer Protection Act
• Unreasonable Cancellation Fee
• Unfair Contract Terms
• Notice Of Cancellation
• Industry Practice
• Refund Of Booking Fee

Grup v Renaissance BJM Securities (Pty) Ltd (J1720/12)

Grup v Renaissance BJM Securities (Pty) Ltd (J1720/12) [2014] ZALCJHB 72; (2014) 35 ILJ 3400 (LC) (25 February 2014)

Court

Labour Court Johannesburg

Case number

J1720/12

Judge

Molahlehi

The court found that clause 4.5 of the employment contract created an unconditional and enforceable obligation for the respondent to pay the applicant deferred equity compensation in three instalments, subject only to the applicant providing proof of forfeiture and value of the shares from his previous employer. The obligation vested upon signature of the contract and acceptance of the share value by the respondent. There was no contractual condition requiring continued employment for payment of subsequent instalments. The respondent failed to prove the existence of an industry practice that…

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• Deferred Equity Compensation
• Contractual Interpretation
• Termination Of Employment
• Industry Practice
• Repudiation
• Remedies For Breach

Cancellation of wedding due to rain: Supplier not liable to refund (201311211256)

Cancellation of wedding due to rain: Supplier not liable to refund (201311211256) [2014] ZACGSO 5 (13 February 2014)

Court

Consumer Goods and Services Ombud

Case number

201311211256

Judge

Bonita Hughes

A consumer complaint over unused wedding décor was dismissed after the Ombud found a full cancellation fee was reasonable where cancellation occurred on the event day.

• Consumer Protection Act
• Cancellation Fee
• Contractual Terms
• Industry Practice
• Consumer-protection-act
• Cancellation-fees

Dole South Africa (Pty) Ltd v Pieter Beukes (Pty) Ltd (8729/01)

Dole South Africa (Pty) Ltd v Pieter Beukes (Pty) Ltd (8729/01) [2006] ZAWCHC 58; 2007 (4) SA 577 (C) (8 December 2006)

Court

Western Cape High Court, Cape Town

Case number

8729/01

Judge

Dlodlo

The Court found that the written agreement signed by the Defendant on 26 October 1999 was clear and unambiguous in its terms, particularly clause 17.1, which stipulated that advances paid by Dole were loans, not minimum guaranteed prices, and were recoverable if the nett proceeds were less than the advance. The Defendant failed to prove the existence of a prior oral agreement inconsistent with the written contract or that he was misled as to the contract's contents. The evidence established that the industry norm was for advances to be recoverable in agency relationships, and the Defendant, a…

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• Agency Relationship
• Contractual Consensus
• Recoverability Of Advances
• Industry Practice
• Misrepresentation
• Minimum Guaranteed Price