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[1988] ZASCA 96
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Sasfin (Pty) Ltd v Suid-Afrikaanse Vervoerdienste (Transmed) (155/87) [1988] ZASCA 96 (19 September 1988)
155/87
NvH
SASFIN (PROPRIETARY) LIMITED
and
SUID-AFRIKAANSE VERVOERDIENSTE
(TRANSMED)
SMALBERGER, JA:-
155/87
N v H
IN THE SUPREME COURT OF SOUTH AFRICA
(APPELLATE DIVISION)
In the matter between:
SASFIN (PROPRIETARY)
LIMITED
Appellant
and
SUID-AFRIKAANSE VERVOERDIENSTE (TRANSMED)
Respondent
CORAM:
RABIE, ACJ, JANSEN, VAN HEERDEN,
SMALBERGER, et NESTADT, JJA.
HEARD:
8 MARCH
1988
DELIVERED:
19 SEPTEMBER 1988
JUDGMENT
SMALBERGER, JA:-
The appellant ("Sasfin"), with leave of
the court a
quo
, appeals against an order made by VAN NIEKERK, J, in the
Witwatersrand Local Division, in favour of the respondent ("Transmed"),
declaring that Transmed was not obliged to pay to Sasfin any monies due
....2/
to Drs Beukes, du Plessis and Klopper consequent upon cessions
executed by the said doctors in favour of Sasfin. The judgment is reported
in
1988(1) SA 626 (W). There was no appearance on appeal on behalf of
Transmed.
This appeal turns on the enforceability of certain deeds of cession
entered into with Sasfin by the doctors concerned. For reasons
which appear from
my judgment in
Sasfin (ProprietarY) Limited v Beukes
the deed of cession
entered into between Sasfin and Dr Beukes is invalid on the grounds of public
policy, and is therefore unenforceable.
The same would apply to the deeds of
cession entered into between Sasfin and Drs du Plessis and Klopper, as they are
in identical
terms. It was conceded by Sasfin that should such a finding be
made, the appeal cannot succeed. It is accordingly not necessary to
consider any
of the other issues raised on appeal.
....3/
In the result the appeal is dismissed, with such costs as the
respondent may have incurred.
J W SMALBERGER JUDGE OF APPEAL
JANSEN, JA ) CONCUR NESTADT, JA ) CONCUR