South Africa Case Law

Mokgalakwena Local Municipality v Mamoloko Contractors CC and Another (10222/2022)

Mokgalakwena Local Municipality v Mamoloko Contractors CC and Another (10222/2022) [2024] ZALMPPHC 125 (25 September 2024)

Court

Limpopo High Court, Polokwane

Case number

10222/2022

Judge

M Bresler

The court found that the Applicant had established bona fide grounds for rescission of the consent judgment, including evidence of prior settlement and payments, lack of authority by officials who consented to judgment, and a forensic report indicating that the amounts claimed were not due. The late answering affidavit was admitted as no substantial prejudice was shown. The satisfaction of the judgment rendered the pending appeals regarding suspension of execution moot. The interests of justice required that the judgment be rescinded to allow proper ventilation of the dispute, especially give…

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• Rescission Of Judgment
• Consent Judgment
• Justus Error
• Settlement Agreement
• Late Filing Of Affidavit

Jomane Eiendomme (Pty) Ltd v Van Zyl N.O and Another (M348/2020)

Jomane Eiendomme (Pty) Ltd v Van Zyl N.O and Another (M348/2020) [2023] ZANWHC 92 (22 June 2023)

Court

North West High Court, Mafikeng

Case number

M348/2020

Judges

FMM Reid, A Reddy

The High Court held that the rescission order granted in terms of Section 58 of the Magistrates' Court Act did not bring the matter to finality and was not dispositive of the dispute between the parties. The Magistrate did not act ultra vires or functus officio by ordering the filing of a declaration, as Rule 49(1) of the Magistrates' Court Rules allows the court to rescind a judgment 'on such terms as it deems fit.' The order for the respondent to file a declaration was a procedural directive to facilitate the continuation of the litigation and ensure that the dispute could be ventilated at…

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• Rescission Of Judgment
• Magistrates Court Act
• Functus Officio
• Declaration Order
• Prescription
• Consent Judgment

V Z v V Z : In re: V Z v V Z (2020/31538)

V Z v V Z : In re: V Z v V Z (2020/31538) [2022] ZAGPJHC 694 (14 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2020/31538

Judge

Thupaatlase AJ

The applicant failed to provide a reasonable and acceptable explanation for entering into the consent judgment, as he was a businessperson familiar with contractual agreements and had previously been legally represented. The application lacked bona fides, as it was an attempt to renege on a commercial settlement agreement rather than a maintenance dispute. The applicant did not present a bona fide defence with prospects of success, as his arguments regarding affordability and the impact of Covid-19 did not affect the contractual nature of the agreement. The court found no grounds under common…

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• Rescission Of Judgment
• Variation Of Court Order
• Consent Judgment
• Contractual Settlement
• Divorce Settlement
• Executability Of Property

Petrus Johannes Bestbier and Others v Nedbank Limited (150/2021)

Petrus Johannes Bestbier and Others v Nedbank Limited (150/2021) [2022] ZASCA 88; 2023 (4) SA 25 (SCA) (13 June 2022)

Court

Supreme Court of Appeal

Case number

150/2021

Judges

Saldulker, Molemela, Dlodlo, Weiner, Molefe

The Supreme Court of Appeal held that rule 46A of the Uniform Rules of Court is applicable even when the property sought to be declared executable is owned by a trust and occupied as a primary residence by trust beneficiaries. The Court found that the purpose of rule 46A is to ensure judicial oversight and protect the right to adequate housing under section 26 of the Constitution, regardless of the legal nature of the property owner. However, the appellants failed to demonstrate that they or the beneficiaries fell within the category of vulnerable persons at risk of homelessness as envisaged…

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• Uniform Rules Of Court Rule 46a
• Judicial Oversight
• Right To Adequate Housing
• Trust Property Execution
• Consent Judgment

Van Der Linde NO obo M Robiyana v Road Accident Fund (1453/2021)

Van Der Linde NO obo M Robiyana v Road Accident Fund (1453/2021) [2022] ZAECQBHC 1 (15 March 2022)

Court

Eastern Cape High Court, Gqeberha

Case number

1453/2021

Judge

J W Eksteen

The High Court dismissed an exception to a summons seeking to set aside a consent judgment allegedly entered without required authority.

• Exception To Summons
• Authority Of Representatives
• Consent Judgment
• Compromise Agreement
• Public Finance Management Act
• Exception-to-summons

Lemao v Minister of Police and Others (423/2015)

Lemao v Minister of Police and Others (423/2015) [2020] ZALMPPHC 48 (7 July 2020)

Court

Limpopo High Court, Polokwane

Case number

423/2015

Judge

Kganyago

The court found that the bill of costs presented to the Taxing Master was a settled bill, not subject to further objection or taxation. The legal costs consultant, though not permitted to argue before the Taxing Master, had full mandate from the applicant's attorney to negotiate and settle the bill. No fraud or lack of authority was alleged. The principles applicable to setting aside a consent judgment apply to a consent allocation of a bill of costs. The applicant failed to advance sufficient grounds to justify setting aside the settled allocation. Mere dissatisfaction with the outcome is no…

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• Taxation Of Costs
• Review Of Taxing Master
• Consent Judgment
• Attorney And Client Costs

Baypoint Securitisation RF Ltd v Mtseli (CA13/16)

Baypoint Securitisation RF Ltd v Mtseli (CA13/16) [2019] ZAECMHC 51 (13 September 2019)

Court

Eastern Cape High Court, Mthatha

Case number

CA13/16

Judges

Nhlangulela, Jaji

The High Court upheld an appeal, finding a clerk-granted consent judgment under the Magistrates’ Courts rules was not void and rescission was unjustified.

• Consent Judgment
• National Credit Act
• Magistrates Court Rules
• Rescission Of Judgment
• Emolument Attachment Order
• Consent-judgment

Knipe and Others v Nedbank Limited and Another (59395/16)

Knipe and Others v Nedbank Limited and Another (59395/16) [2017] ZAGPPHC 1074 (18 September 2017)

Court

North Gauteng High Court, Pretoria

Case number

59395/16

Judge

P M Mabuse

The High Court dismissed an urgent application to stop the auction of farm property, holding that the applicants had no basis to rescind the consent judgment or invoke section 129 of the NCA.

• Urgent Interdict
• Settlement Agreement
• Consent Judgment
• National Credit Act Compliance
• Rescission Of Judgment
• Urgent-interdict

Phuluwa v Baloyi and Others (245/2009)

Phuluwa v Baloyi and Others (245/2009) [2017] ZALMPTHC 15 (30 June 2017)

Court

Limpopo High Court, Thohoyandou

Case number

245/2009

Judge

Makhafola

The High Court dismissed a review application challenging a maintenance order, holding that the order was granted by consent and was not shown to be irregular.

• Maintenance Orders
• Review Vs Appeal
• Consent Judgment
• Rescission Of Orders
• Maintenance-orders
• Review-vs-appeal

Moraitis Investments (Pty) Ltd and Others v Montic Diary (Pty) Ltd and Others (799/2016)

Moraitis Investments (Pty) Ltd and Others v Montic Diary (Pty) Ltd and Others (799/2016) [2017] ZASCA 54; [2017] 3 All SA 485 (SCA); 2017 (5) SA 508 (SCA) (18 May 2017)

Court

Supreme Court of Appeal

Case number

799/2016

Judges

Leach, Tshiqi, Wallis, Saldulker, Fourie

The SCA dismissed an appeal to rescind a consent order, holding that lack of authority was not proved and the consent judgment remained binding.

• Authority Of Trustees
• Company Shareholder Rights
• Consent Judgment
• Rescission Of Order
• Unanimous Consent Principle
• Companies Act Compliance