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South Africa Case Law

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Commercial And Corporate [2022] ZAGPPHC 856

Nel and Others v Cilliers (A208/2021)

Nel and Others v Cilliers (A208/2021) [2022] ZAGPPHC 856 (7 November 2022)

Court
North Gauteng High Court, Pretoria
Case number
A208/2021
Judges
G Ally, T Bokako, N Janse van Nieuwenhuisen

The court found that agreement 'D2' constituted a credit agreement under section 8 of the National Credit Act 34 of 2005. Both parties were not registered as credit providers, rendering 'D2' unlawful and unenforceable in terms of section 89. The appellants' argument that 'D2' was a settlement was rejected due to their prior concession and lack of pleading. The court held that 'D1' was abandoned by the parties when 'D2' was entered into, and thus could not be revived. Furthermore, 'D1' was found to be inchoate, as the First Appellant testified that certain terms were still to be clarified. Eve…

Source excerpt

  • Credit Agreements
  • National Credit Act
  • Novation
  • Inchoate Contracts
  • Unenforceable Contracts
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Civil Procedure [2022] ZAMPMBHC 37

Majope and Another v Road Accident Fund (308/2021,1309/20)

Majope and Another v Road Accident Fund (308/2021,1309/20) [2022] ZAMPMBHC 37 (26 May 2022)

Court
Mbombela High Court, Mpumalanga
Case number
308/2021,1309/20
Judge
Roelofse AJ

The court found that, despite the existence of attorney and own client fee agreements, the true mandate between the plaintiffs and Ngomana and Associates was a contingency mandate. The attorney conceded that fees and disbursements would only be recovered if the plaintiffs were successful, which constitutes a contingency arrangement. However, the contingency fee agreements did not comply with the formal requirements of the Contingency Fees Act 66 of 1997, rendering them invalid and unenforceable. As a result, Ngomana and Associates are not entitled to recover any fees or disbursements from the…

Source excerpt

  • Contingency Fee Agreements
  • Attorney Client Mandate
  • Road Accident Claims
  • Code Of Conduct For Legal Practitioners
  • Unenforceable Contracts
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Commercial And Corporate [2021] ZAGPPHC 606

Bianca Properties (Pty) Ltd v Mogomana (A113/2019)

Bianca Properties (Pty) Ltd v Mogomana (A113/2019) [2021] ZAGPPHC 606 (17 September 2021)

Court
North Gauteng High Court, Pretoria
Case number
A113/2019
Judges
Van der Schyff, Van der Westhuizen, Neukircher

The court held that the respondent's claim for commission arises from acts performed as an estate agent, as defined in section 1 of the Estate Agency Affairs Act. The respondent was employed by the appellant and performed property transactions without possessing a valid fidelity fund certificate. Section 34A(2) of the Act precludes any person employed as an estate agent from claiming remuneration for such acts unless a valid certificate has been issued. The court agreed with the Full Court in Warren Jack Property Brokers CC v Venter that section 34A applies to agreements between estate agents…

Source excerpt

  • Estate Agency Affairs Act
  • Fidelity Fund Certificate
  • Commission Claims
  • Unenforceable Contracts
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.