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South Africa decisions
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Mjoli and Others v Peters Papers (Pty) Ltd and Others (JR1797/17) [2025] ZALCJHB 56 (6 February 2025)
Labour Court review dismissed: tracking data and route deviations supported findings that employees sold employer pallets and lied about their movements.
Smith v Legal Practitioners' Fidelity Fund Board (541/2023) [2024] ZASCA 170; 2025 (3) SA 476 (SCA) (11 December 2024)
The court held that only one payment of R900,000 was entrusted to the firm and recoverable from the Fidelity Fund; three other claims failed.
Cellucity (Proprietary) Limited v Phillpson-Garcia and Others (17191/24) [2024] ZAWCHC 346; 2025 (3) SA 170 (WCC) (4 November 2024)
The applicant established, on uncontested evidence, that the First Respondent misappropriated R10,184,455.95 by falsifying invoices and diverting funds into an account she controlled. The First Respondent acquired multiple immovable properties with the proceeds, and did not deny the allegations or provide any legitimate explanation for the source of her wealth. The court found a clear connection between the stolen funds and the identified properties, rendering the claim quasi-vindicatory. Accordingly, the applicant was entitled to repayment and anti-dissipation interdicts over the First Respo…
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Schenker South Africa (Pty) Ltd v Fujitsu Services Core (Pty) Ltd (508/2020) [2022] ZASCA 7 (18 January 2022)
The Supreme Court of Appeal held that the exemption clauses in the contract between Schenker and Fujitsu were clear and unambiguous in excluding liability for any claim, whether in contract or delict, including those arising from theft by Schenker's employees. The goods in question were 'valuables' as defined in the contract, and no special arrangements had been made by Fujitsu to mitigate the risk. The court found that the language of the exemption clauses was sufficiently wide to include deliberate and intentional acts by Schenker's employees. The court distinguished the present case from G…
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Fujitsu Services Core (Pty) Limited v Schenker South Africa (Pty) Limited (21830/2014) [2020] ZAGPJHC 111 (25 March 2020)
The High Court held Schenker vicariously liable for its employee’s theft of Fujitsu goods and found contractual exclusion clauses did not bar the delictual claim.
Munters (Pty) Ltd v Serote and Another (4004/2014) [2018] ZAGPJHC 491 (26 March 2018)
Employer proved employee fraud and theft that diverted payments into the spouse’s home loan account; both defendants were held jointly liable.
Nxele v S (A76/2017) [2017] ZAGPJHC 249 (12 September 2017)
The appeal court found that the sentence imposed by the trial court was disproportionate, particularly the 15-year sentence on count 36 for theft marginally exceeding R500,000, compared to the sentence for the remaining 82 counts totaling over R8 million. The court held that all counts should be considered together for sentencing purposes. The appellant's drug dependency, while a contributing factor, did not justify a significant reduction in sentence. The trial court failed to properly balance mitigating and aggravating factors, resulting in a sentence that was disturbingly inappropriate. Th…
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Bezuidenhout en S (A532/2014) [2016] ZAGPPHC 1161 (23 November 2016)
Appeal against conviction on theft counts dismissed, but the 15-year sentence on count 2 was set aside and replaced with 5 years.
Britz v S (889/2015) [2016] ZASCA 86 (31 May 2016)
The Supreme Court of Appeal found that the trial court committed a misdirection by imposing a non-parole period without affording the appellant an opportunity to address the court, as required by section 276B(1) of the Criminal Procedure Act 51 of 1977 and established case law. The court held that such an order should only be made in exceptional circumstances after proper investigation and legal argument. The court further found that the sentence of 15 years' imprisonment was disproportionate and shockingly inappropriate given the appellant's status as a first offender, her personal circumsta…
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Minister of Defence v Von Benecke (155/12) [2012] ZASCA 158; (2013) 34 ILJ 275 (SCA); 2013 (2) SA 361 (SCA) (15 November 2012)
The Supreme Court of Appeal held that the Minister of Defence is vicariously liable for the harm caused by the theft of armaments by an employee, Motaung, who was entrusted with the safekeeping of dangerous weapons. The court found an intimate connection between Motaung's wrongful acts and his employment, as his duties provided both the opportunity and means to commit the theft. Constitutional and statutory obligations require the Defence Force to protect the public from harm and to ensure proper control of its armaments. The court determined that the harm suffered by the respondent was a dir…
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