2022

SCZ Investments v Swindon Property Services

Exception in respect of a stipulatio alteri claim for estate-agency commission. The court considered whether the fidelity-fund certificates relied on by the plaintiff's agent were valid for the purposes of sections 26 and 34A of the Estate Agency Affairs Act 112 of 1976. Drawing on the Interpretation Act and a purposive reading of the Act, the court upheld the exception — finding that for a fidelity fund certificate to be valid for commission to vest, it must reflect the agent's employer at the relevant time. Reported as (7909/21P) [2022] ZAKZPHC 63 (27 October 2022).