South Africa Case Law

Pitso and Others v Chabeli Molatoli Attorneys Incorporated (420/2023)

Pitso and Others v Chabeli Molatoli Attorneys Incorporated (420/2023) [2024] ZASCA 94 (12 June 2024)

Court

Supreme Court of Appeal

Case number

420/2023

Judges

Schippers, Mokgohloa, Mabindla-Boqwana, Dawood, Seegobin

The Supreme Court of Appeal held that the principal, Mrs Pitso, was entitled at common law to terminate the mandate of the respondent attorney firm at will. The respondent failed to establish the requirements for a final interdict, specifically a clear right and the absence of an adequate alternative remedy. The respondent's remedy, if any, lies in a claim for damages for fees, not in compelling retention as agent. The cross-appeal was fatally defective and not competent. The order of the High Court was set aside and substituted with dismissal of the application with costs.

Source excerpt

• Agency Termination
• Mandate Revocation
• Final Interdict Requirements
• Attorney Client Fee Dispute

Stupel & Berman Incorporated v Rodel Financial Services (Pty) Ltd (1075/2013)

Stupel & Berman Incorporated v Rodel Financial Services (Pty) Ltd (1075/2013) [2015] ZASCA 1; 2015 (3) SA 36 (SCA); [2015] 3 All SA 150 (SCA) (27 February 2015)

Court

Supreme Court of Appeal

Case number

1075/2013

Judges

Brand, Mhlantla, Willis, Fourie, Gorven

The court held that a conveyancer’s undertaking to pay sale proceeds was given as agent for the seller and could be revoked; the appeal succeeded.

• Agency Law
• Mandate Revocation
• Undertaking By Conveyancer
• Cession Of Proceeds
• Tripartite Agreement
• Specific Performance

Lusizi v Transnet Limited t/a Spoornet and Another (4816/2001, 5637/2001)

Lusizi v Transnet Limited t/a Spoornet and Another (4816/2001, 5637/2001) [2001] ZAWCHC 4; [2002] 3 All SA 635 (C) (13 November 2001)

Court

Western Cape High Court, Cape Town

Case number

4816/2001, 5637/2001

Judge

Josman

The court held that the applicant's mandate to Spoornet to deduct loan repayments from his salary is revocable. The arrangement between the applicant, Saambou Bank, and Spoornet does not constitute an agency coupled with an interest, nor does it amount to a stipulatio alteri or a tripartite agreement binding the applicant irrevocably. The relevant clause in the loan agreement only authorized Saambou to arrange the salary deduction but did not create an irrevocable mandate for Spoornet to continue deductions for the duration of the loan. Spoornet is not independently liable to Saambou for cont…

Source excerpt

• Salary Deduction Authority
• Mandate Revocation
• Stipulatio Alteri
• Agency Coupled With Interest
• Basic Conditions Of Employment Act
• Micro Loans