Zwide The Lawyer

14/07/2026

Looking for professional laywers/attorneys to handle your legal disputes, contact us today for reliable legal services

082 286 0246 | [email protected]

14/07/2026

LESSON TOPIC: Dealing with latent defects on motor vehicle sales

It happens that dealerships may hide (or sometimes not aware, innocently) certain defects or mispresent issues like past accidents, mileage, and critical issues.
This is called latent defects. A ‘latent defect’ is a material defect, which was not visible after ‘reasonable’ inspection. A defect must have existed at the time when the contract was entered into between the parties so that it qualifies as latent defect.

Consumer Protection Act (CPA) 68 of 2008, specifically section 55 protects consumers by affording them a right to have an implied warranty that goods must be of good quality, in working order, and free of defects.

Even when the motor vehicle is sold with Voetstoots clause, latent defects must be disclosed. Voetstoots clause is a section in a contract that indicates that the product is sold as is with its defects.
The implications of latent defects are that:
1. The contract is rendered null and void.
2. The parties can mediate through negotiations.

Whether you choose option 1 or 2, you definitely need legal advise and/or legal representation. Contact today on [email protected] | 082 286 0246

14/07/2026

Topic: Who do you sue in cases of latent defects in motor vehicles?

Choosing the right party to sue is one of the most essential aspects of litigation. Misjoinder, non-joinder or suing a completely wrong party may have fatal and severe financial consequences.

In case of latent defects on motor vehicle, two factors must be taken into consideration when determining the party to take a legal action against.

1. Whether the car is bought cash
2. Whether the vehicle is bank financed.

It has been a common practice that you always sue the party that sold the car, which would always be the dealership.

However, the recent case law of van Niekerk v FirstRand Bank Limited (065/2024) [2025] ZASCA 187; 2026 (2) SA 516 (SCA), delivered by the Supreme Court of Appeal (SCA) changed this position regarding the bank financed vehicles.

According to the SCA, if the bank recognised itself as both "supplier" and "credit provider" in the agreements, thus retaining retain ownership of financed vehicles until the loan is paid off, you definitely have to sue the financing bank.
It is, therefore, important to have lawyers evaluate the terms and conditions of the sale agreement as well as the credit agreement before you take legal action.

For advice, you can contact us today on [email protected] | 082 286 0246

14/07/2026

Topic: The remedy of Actio redhibitoria in motor vehicle latent defects disputes

This remedy has been concisely explained recently by the Supreme Court of Appeal (SCA) in the case of van Niekerk v FirstRand Bank Limited (065/2024) [2025] ZASCA 187; 2026 (2) SA 516 (SCA).

The SCA explained that the actio redhibitoria is an aedilitian action for setting aside the contract and for restoring the position of the parties to what it was prior to them entering into the contract, so far as that is possible.

The trite requirements for succeeding with the actio redhibitoria are:
1. the thing sold had a defect that impaired its utility or effectiveness;
2. the defect existed at the time of the sale;
3. the defect was latent and not visible upon inspection;
4. the purchaser was unaware of its existence;
5. the purchaser would not have purchased the item had she known of the defect; and
6. the purchaser is willing and able to make restitution.

Importantly, the buyer must act within a reasonable time after discovering the defect and return the item to the seller.
The test for the actio redhibitoria is objective determining whether a reasonable person in the purchaser’s position would have bought the goods had he known of the defects.

Fundamental to the actio redhibitoria is the cancellation of the sale and the reciprocal restoration of what was paid and delivered pursuant to the sale. In this regard the rules governing restitution under the actio redhibitoria are similar to that of restitutio in integrum.

As we used lot of legal concepts, continue following us. We will unpack the legal concepts soon.
For consultations, contact today on [email protected] | 082 286 0246

08/08/2025

Did you get the notification informing you about a date to attend the con/arb at CCMA. We understand how stressful it could be to represent yourself while you only have basic knowledge of labour law. Con/arb means if a dispute is not resolved through conciliation, the parties have to proceed to arbitration on the same day. Although conciliation is quite general, arbitration is technical and may need legal knowledge. Understand your right to legal representation in the con/arb.

As a natural person, rule 25(1) of the CCMA Rules generally requires you to represent yourself in conciliation.

As a natural person, legal representation in arbitration is regulated in terms of Rule 25(1)(b), which states:
subject to sub-rule 1(c), in any arbitration proceedings a party to the dispute may appear in person or be represented only by
(i) a legal practitioner;
(ii) a candidate attorney; or
(iii) an individual entitled to represent the party at conciliation proceedings in terms of sub-rule (1)(a).
(c) If the dispute being arbitrated is referred in terms of section 69(5), 73 or 73A of the BCEA or is about the fairness of a
dismissal and a party has alleged that the reason for the dismissal relates to the employee’s conduct or capacity, a party is
not entitled to be represented by a legal practitioner or a candidate attorney in the proceedings unless:
(i) the commissioner and all the other parties consent;
(ii) the commissioner concludes that it is unreasonable to expect a party to deal with the dispute without legal
representation, after considering -
(a) the nature of the questions of law raised by the dispute;
(b) the complexity of the dispute;
(c) the public interest; and
(d) the comparative ability of the opposing parties or their representatives to deal with the dispute.

Only a legal practitioner and a candidate attorney are permitted to charge a fee for representation at the CCMA.

16/07/2025

Many people still struggle to understand the difference between a contract and agreement as well as their respective legal implications.

Agreement: An agreement is a mutual understanding between two or more parties about their rights and responsibilities. It can be oral or written, and it doesn't always have legal force.
Contract: A contract is a legally binding agreement that is enforceable by law. For a contract to be legally binding, it must meet the requirements established in law. We will discuss such requirements in the future. Keep checking our page to learn more about the South Africa law.
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Which One Is Binding?
• A contract is binding.
• An agreement becomes binding only when it meets the legal requirements of a contract.
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Importance of Written Contracts
Written contracts are important because they:
• Provide clarity: Terms and conditions are clearly stated.
• Prevent disputes: Reduces misunderstandings.
• Serve as evidence: Useful in court if a dispute arises.
• Ensure enforceability: Easier to prove the existence and terms of the contract.
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Types of Contracts
• Lobola agreement
• Sale agreement / contract of sale
• Lease agreement (both residential and commercial)
• The right to use contract
• Employment contract
• Acknowledgement of Debt
Domestic Work agreement
• Motor Sale agreement
• Business Partnership Agreement

We can assist you with writing and interpretation of contracts – just contact us on 0822860246 or email: [email protected]

27/06/2025

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Did you know that you may lose your right to legal claim or right to sue in terms of the Prescription Act 68 of 1969 if you delay taking the right action within the prescribed timeline. The Labour Relations Act applies for unfair dismissal and unfair labour practice.
The Employment Equity Act applies for matters in relation to discrimination in the workplace arena.

Know your rights before it is too late

23/06/2025

LABOUR LAW UPDATE

Trending judgment - taking unlawful instructions from your supervisor and not reporting it to management.

Labour Court upholds dismissal of Standard Bank employee fired over dishonest balance sheet

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Labour Court Upholds Dismissal of Standard Bank Employee Over Dishonest Balance Sheet

The Labour Court in Johannesburg has upheld the dismissal of Banele Innocent Mbuyane, a former treasury custodian at Standard Bank, for dishonesty involving a falsified balance sheet.

In October 2019, Mbuyane discovered a coin shortfall during a delivery from SBV and, with his supervisor N Nkosi, agreed to return the incorrect bag later. However, Nkosi instructed that the system should still reflect the full amount, despite the discrepancy.
A surprise inspection by the bank’s risk team revealed three short coin bags, leading to an internal disciplinary hearing and the dismissal of both Mbuyane and Nkosi.

Mbuyane challenged the dismissal at the CCMA, which found it fair. He then appealed to the Labour Court, arguing he was following his supervisor’s orders and lacked proper training. However, the court found that Mbuyane knowingly participated in the misrepresentation and failed to report it, which constituted serious misconduct.

Judge Robert Lagrange agreed with the CCMA’s ruling, stating that while another arbitrator might have considered a lesser penalty, the dismissal was reasonable given the circumstances.
Mbuyane’s appeal was ultimately dismissed.

Contact our Labour Department team for concrete legal advice.

Read another version of the article on the below link.
Ref: Sinenhlanhla Masilela (2025)

A former Standard Bank employee's appeal against dismissal for dishonesty, after submitting a false balance sheet, has been rejected by the Labour Court, highlighting the serious consequences of financial misconduct.

16/06/2025

Life in South Africa, always ask for a written contract and if something is not understandable, ask for a help from a lawyer. Always ask for the copy of your contract.

implied terms of contract are challenging to enforce.

14/06/2025

What are the primary remedies for unfair dismissal.

First, dismissal needs to be substantively unfair or procedurally unfair or both.

The Labour Relations Act requires the employer to prove that the dismissal was fair. However, it is important for the dismissed employer to demonstrate to the CCMA Commissioner or Commissioner at the Bargaining Council that the dismissal was unfair.

Should the Commissioner make a ruling that the dismissal was unfair, these are the primary remedies to grant:
(a) Reinstatement or
(b) Re-employment

What happens when the employee does not want to go back to the same employer or it is no longer possible to grant either of the above mentioned remedies? The Commissioner in this situation can grant payment of salaries not exceeding 12 months salary in favour of the unfairly dismissed employee.

For quick advise - contact or text 0822860246