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South Africa decisions
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Auto Commodities (Pty) Ltd v Ettienne and Christine Makarios (Pty) Ltd (2024/002133) [2025] ZAGPJHC 676 (16 May 2025)
A diesel-supply debt claim in motion proceedings was removed from the roll after disputed settlement terms and part-payments made final relief inappropriate.
Solidarity obo Heynemann v Prino Constructability and Projects (Pty) Ltd and Another (JS693/21) [2025] ZALCJHB 154 (14 April 2025)
The Labour Court dismissed a special plea based on compromise, finding unresolved disputes about a settlement agreement’s scope and alleged misrepresentation.
Blair Atholl Homeowners Association and Another v City of Tshwane Metropolitan Municipality (68226/2010) [2025] ZAGPPHC 318 (27 March 2025)
High Court granted Tshwane leave to amend pleadings in a water-account dispute, finding a mutual error in the parties’ consumption figures and allowing recall of a witness.
Kolwane v Road Accident Fund (RAF523/2022) [2024] ZANWHC 274 (1 November 2024)
The court corrected an order in a Road Accident Fund matter, awarding the plaintiff R1,014,961.50 for past and future loss of earning capacity, plus costs.
Minister of Police v Motupa (2017/11257) [2024] ZAGPJHC 612 (28 June 2024)
The court granted condonation for the late filing of the application for leave to appeal, as it was not opposed and justified by the delayed receipt of the judgment. However, the application for leave to appeal was dismissed because there were no reasonable prospects of success. The central issue was whether a binding compromise regarding damages had been reached and accepted by the plaintiff. The court found that the compromise was binding, and all issues relating to quantum, retirement age, expert opinions, and actuarial calculations were settled. The applicant failed to demonstrate a ratio…
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Maluti Plant Crushers CC v Sedtrade (Pty) Ltd (5073/2019) [2023] ZAFSHC 466 (24 November 2023)
The High Court held that Sedtrade failed to prove a compromise settling Claim A, so its special plea of compromise was dismissed with costs.
Elia and Others v Absa Bank Ltd (A5083/2021 ; 19617/2017) [2023] ZAGPJHC 649 (6 June 2023)
The High Court upheld an appeal and rescinded a default judgment after finding no wilful default and a bona fide defence based on compromise and prescription.
Lewis v Road Accident Fund (17441/2009) [2023] ZAWCHC 120 (18 May 2023)
The High Court refused RAF leave to amend its plea to withdraw admissions on causation, but allowed repudiation of disputed quantum issues in Dr Lourens’ note.
Road Accident Fund v Taylor and other matters (1136/2021; 1137/2021; 1138/2021; 1139/2021; 1140/2021) [2023] ZASCA 64; 2023 (5) SA 147 (SCA) (8 May 2023)
The Supreme Court of Appeal held that a compromise agreement between litigants, such as those entered into between the Road Accident Fund and the claimants, extinguishes the disputed rights and obligations and puts an end to litigation. The court has no jurisdiction to enquire into whether the compromise was justified on the merits or validly concluded. Its power is limited to making the compromise an order of court upon request, provided the agreement is not illegal, contrary to public policy, or inconsistent with the Constitution. The findings and referrals made by the court a quo against t…
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Scania Finance Southern Africa (Pty) Ltd v GJ Vermaak Vervoer (Pty) Ltd and Another (40986/2014) [2020] ZAGPPHC 359 (12 August 2020)
The court held that no binding settlement was concluded by correspondence, and dismissed the defendants’ special plea of compromise with costs.
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