Sisa Ntshona is the owner of a cellphone store called Indlebe (Pty) Ltd, which is situated in Polokwane. During the course of reconciling his accounts, he discovers that there is a discrepancy between the cost of goods going out of his store, and the takings at the till. He discovers that there is a shortfall of R54 000, going back over a period of seven months. Of course, the till takings and the stock take seldom balance perfectly to the cent, but he has good stock systems in place, and the difference is usually only in the order of a few hundred rand a month. One weekend, Sisa installs hidden closed-circuit television cameras in the shop above the till area. During the course of the next week, Sisa observes the till area carefully. On Thursday afternoon, Sisa identifies one of his employees, Zinzi, slipping money that was supposed to go into the cash register into the side pocket of her uniform. Sisa immediately goes downstairs, shuts the till, and orders Zinzi into his office. After conducting a search, he discovers R800 in the side pocket of her uniform. Zinzi claims that this is her own money. Sisa then shows her the tape, and accuses her of stealing. He then shows Zinzi the discrepancies in the books of account, going back seven months. He points out that Sisa has been working in his store for seven and a half months, and accuses her of "robbing him blind" during the course of her time as an employee. This Zinzi denies. Sisa then tells Zinzi that he will call the Police, and have her arrested on a charge of theft. However, he says, he will not have done this if she agrees to sign an acknowledgement of debt in which she promises to pay him the sum of R54 000 the sum Sisa claims she has stolen from him in periodic instalments to be deducted from her salary. Zinzi agrees to sign the document. Sisa's accounts clerk draws up a short acknowledgement of debt on these terms, and both Sisa and Zinzi sign the document.

Zinzi pays her first two instalments, but then defaults on her obligation. When Sisa asks her where her payment is, she tells him he can "go to hell", because she says a lawyer friend has told her that the acknowledgement of debt is "not worth the paper it is written on".

Sisa sues Zinzi in the Magistrate's Court in Polokwane for enforcement of the acknowledgement of debt. The Magistrate finds in Zinzi's favour, stating that the agreement "is unenforceable at court".

Sisa takes the matter on appeal to the High Court in Polokwane.

please assist, as the judge chosen to hear the appeal. On the basis of the facts before you, how would you indicate whether the appeal should be upheld or dismissed. please refer to south African case law such as the case of Honhe v Super store Mining (2016)