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The objects of the Bill of Rights were promoted by, where the provision was capable of more than one meaning, adopting a meaning that did not limit a right in the Bill of Rights. If the provision was not only capable of a construction that avoided limiting rights in the Bill of Rights but also bore a meaning that promoted those rights, the court was obliged to prefer the latter meaning. A representation made in words or by conduct, including silence or inaction. Subject to the provisions of subsections and , prescription shall commence to run as soon as the debt is due. Whether the Applicant’s claim had prescribed and was due to be paid to him by the Respondent. Qualifying purchases could enjoy No Interest if paid in full in 6 months on purchases of $99 or more.
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When the case came to trial in 2013 Vodacom delivered a further very detailed request for further particulars for trial, but did not ask for any further information in regard to the question of ostensible authority. The agreement to negotiate in good faith the amount of the compensation payable, contained a deadlock-breaking mechanism. The parties had agreed that in the event that they disagreed on the amount to be paid, Vodacom’s CEO would determine the amount. While choosing the CEO may not be regarded as a delegation of power to a third party, the choice still constituted a deadlock-breaking mechanism. It was how the parties in their wisdom formulated the relevant clause and their choice must have been respected and given effect.
A debt contemplated in section 10 of the Prescription Act on extinction of debts by prescription, did not cover the claim. Therefore, the section did not apply to the claim. It was customary within Vodacom to make and implement business decisions before they received the approval of the board, the product was also launched before Vodacom’s Board approved it on March 15, 2001. Despite the product being a success, Vodacom did not negotiate compensation for the use of the Applicant’s idea. Instead, Vodacom’s Chief Executive Officer and the director created a false narrative pertaining to the origin of the idea on which the product was based. They dishonestly credited the CEO with the idea.
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In the system, as was in many similar systems of appeal, the cold record placed before the Appeal Court did not capture all that occurred at the trial. The disadvantage was that the Appeal Court was denied the opportunity of observing witnesses testify and drawing its own inferences from their demeanour and body language. On the contrary, that was the advantage enjoyed by every trial court. Hence an appeal court must have deferred to the Trial Court when it came to factual findings.
The Applicant had alleged in his particulars of claim that the director had ostensible authority. The Respondent denied that fact in its plea. Consequently, ostensible authority became one of the issues to be determined at trial, as properly defined by the pleadings.
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Actual authority and ostensible or apparent authority were the opposite sides of the same coin. If an agent wished to perform a juristic act on behalf of a principal, the agent required authority to do so for the act to bind the principal. If the principal had conferred the necessary authority either expressly or impliedly, the agent was taken to have actual authority. But if the principal were to deny that she had conferred the authority, the third party who concluded the juristic act with the agent may have pleaded estoppel in replication. Both apparent contract and apparent authority derived their existence from the conduct of the party to have been held liable.
Debts become due when they were immediately claimable or recoverable. In the case of a continuing wrong there could be no question of prescription even though the wrong arose from a single act long in the past. The reason, which may have appeared somewhat artificial, but which was well established, was said to have been that while the original wrongful act may have occurred at a past time the wrong itself continued for so long as it was not abated. But the running of prescription in respect of any financial claim that arose from the same wrong would not be postponed.
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