BACKGROUND On or about 10 March 2003, Charter Life Insurance Company Ltd (“Charter”) entered into a written broking Agreement (“the Agreement”) with ECE Financial Holdings (“ECE”). In terms of the Agreement, ECE was to act as an independent intermediary for Charter’s financial products and as compensation for same, ECE would receive commission on premiums Charter
SUMMARY During 2009, Mackintosh (“the First Respondent”) and Mabili Search & Selection (Pty) Ltd (“the Second Respondent”) concluded an oral loan agreement for the amount of R2million (“the Agreement”).  Subsequent to the conclusion of the Agreement, the parties signed a written acknowledgement of debt (“AOD”) wherein the Second Respondent, as the debtor, acknowledged its indebtedness