South African Muncipal Workers Union (SAMWU) obo Mooi v Siyathemba Municipality and Others (C701/2019)
South African Muncipal Workers Union (SAMWU) obo Mooi v Siyathemba Municipality and Others (C701/2019) [2022] ZALCCT 37; (2022) 43 ILJ 2386 (LC) (6 July 2022)
The court found that the settlement agreement was unenforceable because its key provisions depended on the parties reaching further agreement on the quantum and repayment of debt, with no deadlock breaking mechanism provided. The failure to agree on the debt and repayment terms rendered the agreement uncertain and incapable of enforcement. The court exercised its discretion to decline making the arbitration award an order of court, as doing so would not resolve the underlying dispute or enable execution of the agreement.
Source excerpt
- Settlement Agreement
- Arbitration Award Enforcement
- Agreements To Agree
- Unenforceability
- Reinstatement
- Quantification Of Debt