Denel Soc Lilited t/a Denel Aviation and Another v Mafalo and Another (39859/2015)
Denel Soc Lilited t/a Denel Aviation and Another v Mafalo and Another (39859/2015) [2016] ZAGPPHC 284 (9 March 2016)
The court found that the overpayment to the first respondent was the result of a bona fide clerical error and that the requirements for the application of conditio indebiti were satisfied. The first respondent failed to provide a credible explanation for his conduct after receiving the funds and did not act in good faith. The defence of non-enrichment was rejected, as the respondent did not adequately account for the use of the funds and his account was frozen only after notification of the error. The court held that the applicants were entitled to recover the overpaid amount and that the pen…
Source excerpt
- Conditio Indebiti
- Overpayment Of Salary
- Pension Fund Deduction
- Gross Dishonesty
- Recovery Of Erroneous Payments