South Africa Case Law

Lasertek Payment Solutions (Pty) Limited v Electronic Connect (Pty) Limited (2023/093414)

Lasertek Payment Solutions (Pty) Limited v Electronic Connect (Pty) Limited (2023/093414) [2025] ZAGPJHC 243; [2025] 2 All SA 474 (GJ) (4 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/093414

Judge

Allen AJ

The court found that the applicant was not registered as a credit provider with the National Credit Regulator at the time the loan agreement was entered into, despite being required to do so under section 40(1) of the National Credit Act, as the principal debt exceeded the prescribed threshold. The court held that the parties were not dealing at arm's length, given the structure of the agreements, the involvement of third parties, and the lack of independence between the applicant and respondent. The court concluded that the loan agreement and related clauses in the September agreement were u…

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• National Credit Act
• Credit Provider Registration
• Arm S Length Transaction
• Unlawful Agreement
• Interest Calculation
• In Duplum Rule

Allied Steelrode (Pty) Ltd v Dreyer and Another (1120/2022)

Allied Steelrode (Pty) Ltd v Dreyer and Another (1120/2022) [2023] ZASCA 181 (21 December 2023)

Court

Supreme Court of Appeal

Case number

1120/2022

Judges

Mocumie, Carelse, Goosen, Masipa, Tokota

The Supreme Court of Appeal found that the loan and acknowledgment of debt (AOD) arose from a close personal relationship and were not concluded at arm's length. The loan was a one-time gesture of friendship, not a customary business transaction, and no interest was charged except in the event of default. The evidence showed that the parties did not strive to obtain the utmost advantage from the transaction, and the appellant was not acting as a credit provider in the ordinary course of business. Consequently, the transaction and the AOD lacked the character of a credit agreement as defined b…

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• National Credit Act
• Credit Provider Registration
• Arm S Length Transaction
• Acknowledgment Of Debt
• Separation Of Issues Rule 33
• Unlawful Agreement

Estate Agency Affairs Board v Pasco Risk Management (Pty) Limited (57926/2012)

Estate Agency Affairs Board v Pasco Risk Management (Pty) Limited (57926/2012) [2017] ZAGPJHC 259 (15 September 2017)

Court

South Gauteng High Court, Johannesburg

Case number

57926/2012

Judge

M L Twala

The High Court granted leave to amend a plea before trial, finding the amendment amplified the defence, caused no irremediable prejudice, and could be met by costs.

• Amendment Of Pleadings
• Authority To Contract
• Procurement Policy
• Unlawful Agreement
• Costs Order
• Amendment-of-pleadings

Wong v Ronald Bobroff and Partners Inc and Others (15/13402)

Wong v Ronald Bobroff and Partners Inc and Others (15/13402) [2016] ZAGPJHC 412 (5 February 2016)

Court

South Gauteng High Court, Johannesburg

Case number

15/13402

Judge

Vally

The High Court held that the applicant’s claim had not prescribed, declared a contingency fee agreement invalid, and ordered an accounting and repayment.

• Contingency Fee Agreements
• Prescription Act
• Attorney Client Fees
• Bill Of Costs
• Unlawful Agreement
• Contingency-fee-agreements

Van Heerden v Nolte (19428/11)

Van Heerden v Nolte (19428/11) [2014] ZAGPPHC 12; 2014 (4) SA 584 (GP) (28 January 2014)

Court

North Gauteng High Court, Pretoria

Case number

19428/11

Judge

Murphy

The court held that the plaintiff was obliged to register as a credit provider under the National Credit Act before extending credit with an aggregate principal debt exceeding R500 000. The plain language of section 40(1)(b) requires registration based on the total principal debt, regardless of whether the agreements are once-off or frequent. The Friend v Serdall decision, which suggested that registration is only required for those regularly providing credit, was found to be inconsistent with the Constitutional Court's approach in National Credit Regulator v Opperman and others. The failure…

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• National Credit Act
• Credit Provider Registration
• Exception To Particulars
• Unlawful Agreement
• Unjustified Enrichment

Tristar Investments (Pty) Ltd v The Chemical Industries National Provident Fund (455/12)

Tristar Investments (Pty) Ltd v The Chemical Industries National Provident Fund (455/12) [2013] ZASCA 59 (16 May 2013)

Court

Supreme Court of Appeal

Case number

455/12

Judges

Nugent, Lewis, Tshiqi, Petse, Swain

The Supreme Court of Appeal held that Tristar’s investment consultancy services were not “intermediary services” under FAIS and the agreement was not unlawful.

• Financial Advisory And Intermediary Services Act
• Licensing Requirements
• Contract Validity
• Unlawful Agreement
• Financial-advisory-and-intermediary-services-act
• Financial-services-licensing

Putini v Edumbe Municipality (11700/2011)

Putini v Edumbe Municipality (11700/2011) [2012] ZAKZDHC 26 (15 May 2012)

Court

Kwazulu-Natal High Court, Durban

Case number

11700/2011

Judge

K. Swain

The High Court held that the municipality’s representative lacked authority to bind the municipality to a R3.5 million settlement. The agreement was invalid and unenforceable.

• Authority Of Agent
• Enforceability Of Settlement Agreement
• Municipal Governance
• Unlawful Agreement
• Municipal-law
• Settlement-agreements

Ditshego and Others v Brusson Finance (Pty) Ltd and Others (5144/2009)

Ditshego and Others v Brusson Finance (Pty) Ltd and Others (5144/2009) [2010] ZAFSHC 68 (22 July 2010)

Court

Free State High Court, Bloemfontein

Case number

5144/2009

Judge

A. F. Jordaan

High Court held that a home-finance structure was a single unlawful credit transaction, declared the agreements void, and ordered restitution.

• National Credit Act
• Unlawful Agreement
• Pactum Commissorium
• Parate Executie
• Restitution
• Locus Standi