Signature Real Estate (Pty) Ltd and Atlantic Seaboard Realty (Pty) Ltd jointly brokered a lease in April 2018 and agreed to split the commission equally. The full commission was paid to Atlantic, which refused to pay Signature its share, alleging that Signature was not entitled to commission because it did not hold a valid fidelity fund certificate at the relevant time as required by s 34A of the Estate Agency Affairs Act 112 of 1976. Signature had been converted from a close corporation to a company and had complied with all statutory requirements for the issue of fidelity fund certificates. Due to an admitted administrative error by the Estate Agency Affairs Board, the certificates were erroneously issued in the name of the former close corporation instead of Signature. The High Court held that Signature was precluded from claiming commission. Signature appealed to the Supreme Court of Appeal.