South Africa Case Law

Southern African Quantum Consultants and Actuaries (Pty) Ltd v Amplats Group Provident Fund (39094/2018)

Southern African Quantum Consultants and Actuaries (Pty) Ltd v Amplats Group Provident Fund (39094/2018) [2019] ZAGPJHC 471 (11 November 2019)

Court

South Gauteng High Court, Johannesburg

Case number

39094/2018

Judge

Fisher

The High Court dismissed an application for specific performance after finding the papers insufficient to decide whether a binding contract had been concluded.

• Contract Formation
• Specific Performance
• Intention To Be Bound
• Application Proceedings
• Costs Order
• Contract-formation

Waleed Investments Holdings (Pty) Ltd v Mandonca (41931/2014)

Waleed Investments Holdings (Pty) Ltd v Mandonca (41931/2014) [2017] ZAGPJHC 98 (30 March 2017)

Court

South Gauteng High Court, Johannesburg

Case number

41931/2014

Judge

Fisher

The court found that the applicant was entitled to enforce the settlement agreement, which extinguished the underlying debt. The respondent had proper notice of the alternative relief sought and failed to establish a sustainable defence. The respondent’s assertion that she did not understand her personal liability under the settlement agreement was rejected as implausible, given her experience and the clarity of the agreement. The National Credit Act was not applicable to the compromise agreement being enforced. The respondent is personally liable to pay the applicant R4.3 million, with inter…

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• Compromise Agreement
• National Credit Act Compliance
• Money Judgment
• Application Proceedings
• Final Relief

South African Football Association v Mangope (JA13/11)

South African Football Association v Mangope (JA13/11) [2012] ZALAC 27; (2013) 34 ILJ 311 (LAC) (7 September 2012)

Court

Labour Appeal Court

Case number

JA13/11

Judges

Waglay, Tlaletsi, Murphy

The Labour Appeal Court found that the appellant failed to establish any genuine dispute of fact regarding the respondent's performance, as the answering affidavit did not meaningfully deny or challenge the respondent's factual averments. The respondent's performance was not proven to be unsatisfactory, and the appellant did not follow the evaluation procedure required by the contract. The termination was therefore unlawful and constituted a breach of contract. However, the Labour Court erred in awarding damages for the full unexpired period of the contract without considering contingencies a…

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• Breach Of Employment Contract
• Damages Quantification
• Probationary Dismissal
• Application Proceedings
• Mitigation Of Loss

Islam v Kabir (CA : 280/2010)

Islam v Kabir (CA : 280/2010) [2011] ZAECGHC 9 (11 April 2011)

Court

Eastern Cape High Court, Grahamstown

Case number

CA : 280/2010

Judges

J.E Smith, A.E.B Dhlodhlo

The magistrate erred by granting eviction without resolving substantial disputes of fact regarding the nature of the parties' relationship and the appellant's right to occupy the premises. The evidence indicated that the parties were business partners and that the appellant had purchased the respondent's share and entered into a lease with the owner. The appellant established a legal right to remain in occupation. The application should have been dismissed, and the appeal succeeds.

Source excerpt

• Prevention Of Illegal Eviction Act
• Dispute Of Fact
• Lease Agreement
• Partnership
• Eviction
• Application Proceedings