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South Africa decisions
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Afrifert (Pty) Ltd v TWK Agri (Pty) Ltd - Leave to Appeal (6813/2020) [2023] ZALMPPHC 65 (7 August 2023)
The High Court dismissed Afrifert’s application for leave to appeal, finding no reasonable prospect of success and enforcing the written-consent requirement in the cession agreement.
Matini v Matini and Others (20991/2021) [2022] ZAGPPHC 218 (23 March 2022)
The High Court held that a property sale by one spouse without written consent was valid because the buyers could not reasonably know consent was missing.
Sedibeng District Municipality and Another v Shongwe (J712/15) [2015] ZALCJHB 425 (11 December 2015)
The Labour Court dismissed an application for leave to appeal over unlawful salary deductions, finding no prospects of success and awarding costs.
Govender and Another v Maitin and Another (11976/07) [2008] ZAKZHC 31; 2008 (6) SA 64 (D) (8 February 2008)
The High Court held that no binding sale agreement was concluded for the property, because the counter-offer was never validly accepted and the rule nisi was discharged.
Land & Landbou Ontwikkelingsbank van SA h/a Die Landbank v Van Der Merwe en 'n Ander (18328/02) [2007] ZAGPHC 143 (3 August 2007)
The court held that suretyships signed without spousal written consent were void because the first defendant was not acting in the ordinary course of his business.
Torgos (Pty) Ltd v Body Corporate of Anchors Aweigh and Another (15098/05 , 05/15098) [2005] ZAGPHC 123; 2006 (3) SA 369 (W) (29 November 2005)
The court found that the trustees of the Body Corporate did not have proper authority to oppose the application or to sign the agreement on behalf of the Body Corporate, as the requirements of Management Rule 24 were not met and the necessary written consents from all members and mortgagees were not obtained. The agreement between Torgos and the Body Corporate constituted an act of alienation under section 25(6) of the Sectional Titles Act, and the statute requires that written consent must be furnished prior to the conclusion of such an agreement. The absence of such consents rendered the ag…
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Distillers Corporation Ltd v Modise (1983199) [2001] ZAFSHC 2; 2001 (4) SA 1071 (O) (15 February 2001)
The court held that the clause in the suretyship document, in which the respondent declared his legal capacity to bind himself, was decisive. The respondent read and signed the document without any inquiry or clarification regarding the clause. The court found that a reasonable person in the creditor's position could accept the respondent's declaration as factually correct and was not required to conduct further investigation into his marital status or spousal consent. Accordingly, section 15(9)(a) of the Matrimonial Property Act applied, and the transaction was deemed to have been entered in…
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