South Africa: Supreme Court of Appeal

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

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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.

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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