Dlamini v Africa Brick and Block (GCC/01/2019) [2019] ZACONAF 1 (1 March 2019)

Dlamini v Africa Brick and Block (GCC/01/2019) [2019] ZACONAF 1 (1 March 2019)

The Consumer Affairs Court found that the parties had entered into a valid and binding settlement agreement, signed on 1 March 2019. Both parties consented to the agreement being made an order of court. There was no evidence that the agreement was unlawful or contrary to public policy. Accordingly, the court exercised its discretion to make the settlement agreement an order of court, thereby giving it the force of law and enabling enforcement if necessary.

Citation
[2019] ZACONAF 1
Parties
Applicant: John Dlamini; Respondent: Africa Brick and Block
Court
Consumer Affairs Court
Jurisdiction
South Africa
Judgment Date
1 March 2019
Case Number
GCC/01/2019
Procedural Posture
Civil Application / Final Order
Outcome
The settlement agreement signed by the parties is made an order of the Consumer Affairs Court.
Judges
M A du Plessis, P Opperman, J Chiumya
Legal Topics
Settlement Agreement, Court Order Enforcement
Commercial and Corporate Settlement Agreement Court Order Enforcement

Case Brief

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Parties

John Dlamini

Applicant

Africa Brick and Block

Respondent

Procedural Posture

Civil Application / Final Order

Legal Issues

  1. 1 Whether the settlement agreement between the parties should be made an order of court.

Ratio Decidendi

The Consumer Affairs Court found that the parties had entered into a valid and binding settlement agreement, signed on 1 March 2019. Both parties consented to the agreement being made an order of court. There was no evidence that the agreement was unlawful or contrary to public policy. Accordingly, the court exercised its discretion to make the settlement agreement an order of court, thereby giving it the force of law and enabling enforcement if necessary.

Court Disposition

The settlement agreement signed by the parties is made an order of the Consumer Affairs Court.

Orders

  • The Settlement Agreement between the parties, signed at Johannesburg on 1 March 2019, is made an order of the Consumer Affairs Court for the Province of Gauteng.