South Africa Case Law

Bokamoso Painting Firm (Pty) Ltd v Masilonyana Local Municipality (4396/2022)

Bokamoso Painting Firm (Pty) Ltd v Masilonyana Local Municipality (4396/2022) [2023] ZAFSHC 313 (10 August 2023)

Court

Free State High Court, Bloemfontein

Case number

4396/2022

Judge

JP Daffue

The court found that Rule 34 was inapplicable as the requirements for a valid offer and acceptance under the rule were not met, and the applicant did not accept the offer within the prescribed period. The correspondence between the parties did not constitute a single, clear, and unequivocal settlement agreement that brought finality to the dispute. The applicant's counter-offers altered the terms of the original proposal, and the Municipality's subsequent communications introduced further conditions and disputes. The court held that, while there was some certainty regarding the Municipality's…

Source excerpt

• Settlement Agreement
• Rule 34 Uniform Rules
• Rule 41 Uniform Rules
• Contractual Offer And Acceptance
• Costs Award

IMATU obo Espach v Polokwane Local Municipality (J1171/17)

IMATU obo Espach v Polokwane Local Municipality (J1171/17) [2020] ZALCJHB 30 (6 February 2020)

Court

Labour Court Johannesburg

Case number

J1171/17

Judge

GN Moshoana

The Labour Court refused to make an alleged grievance settlement an order of court, finding no valid agreement and no proven authority to bind the municipality.

• Settlement Agreement
• Jurisdiction Of Labour Court
• Unfair Labour Practice
• Conciliation Requirement
• Municipal Systems Act
• Contractual Offer And Acceptance

Steyn v LSA Motors Ltd. (207/1992)

Steyn v LSA Motors Ltd. (207/1992) [1993] ZASCA 163; 1994 (1) SA 49 (AD); [1994] 1 All SA 483 (A) (30 September 1993)

Court

Supreme Court of Appeal

Case number

207/1992

Judges

Botha, Hefer, Vivier, Eksteen, Krieger

The court held that a golf-course sign for a hole-in-one prize was not an offer to amateur players, so no contract arose when the appellant scored.

• Contractual Offer And Acceptance
• Objective Intention
• Advertisement As Offer
• Dissensus
• Reasonable Person Test
• Contract-law