ABSA Bank (Pty) Ltd v Setoil (Pty) Ltd and Others (2022/003646) [2025] ZAGPJHC 606 (10 June 2025)
Court
South Gauteng High Court, Johannesburg
Case number
2022/003646
Judge
E Dreyer
Summary judgment was granted against sureties after the court found no bona fide defence, held clause 11 was discretionary, and rejected the duress defence.
Van Der Weele and Another v Da Costa (2023/123982) [2025] ZAGPJHC 198 (27 February 2025)
Court
South Gauteng High Court, Johannesburg
Case number
2023/123982
Judge
PJ Du Plessis
The High Court referred an opposed motion to trial after finding serious factual disputes about a failed business venture, an acknowledgment of debt, and alleged duress.
SD Recruitment (Pty) Ltd v Vryburg and Others (20986/2024) [2025] ZAWCHC 34 (29 January 2025)
Court
Western Cape High Court, Cape Town
Case number
20986/2024
Judge
R K Parker
The court found the urgency of the application was self-created due to the applicant's delay in bringing proceedings. The restraint of trade agreement was signed after the respondent's employment had ended, under circumstances raising concerns of economic duress and unequal bargaining power. The applicant failed to demonstrate that the information allegedly protected was truly confidential or that its disclosure posed a real risk to its business. Much of the information, including margins, was found to be in the public domain and accessible through tender processes. The restraint was overly b…
Komatsu Mining Corporation Group v Metal and Engineering Industries Bargaining Council and Others (JR2725/21) [2024] ZALCJHB 361 (29 October 2024)
Court
Labour Court Johannesburg
Case number
JR2725/21
Judge
R Itzkin
The court found that while Mr Zwane did share an email containing sensitive managerial concerns with a subordinate, the evidence did not support a finding of duress in his agreement to be demoted. The demotion was agreed to after discussions and was not vitiated by unlawful pressure or threats. The Commissioner’s finding that no confidential information was shared and that the demotion was unfair fell outside the range of reasonable decisions. The arbitration award was therefore unreasonable and must be set aside. Given the full record and comprehensive ventilation of the matter, the court su…
T.R (Nee M) v Z.D.R and Others (93454/2015) [2024] ZAGPPHC 960 (23 September 2024)
Court
North Gauteng High Court, Pretoria
Case number
93454/2015
Judge
A.K. Ramlal
The High Court dismissed an application to rescind a divorce settlement and order, finding no proved misrepresentation, fraud, duress, or basis for proprietary relief.
Siliga v S (A32/2022) [2024] ZALMPPHC 126 (13 August 2024)
Court
Limpopo High Court, Polokwane
Case number
A32/2022
Judges
T.C. Tshidada, S. Nemutandani
The appeal against a rape conviction and life sentence was dismissed. The court found the complainant credible, rejected the duress defence, and upheld the prescribed sentence.
Reitzer Pharmaceuticals (Pty) Ltd v Makwela N.O and Others (JR1295/20) [2024] ZALCJHB 272 (22 July 2024)
Court
Labour Court Johannesburg
Case number
JR1295/20
Judge
A. Snider
The Labour Court upheld a review dismissal in a dispute over a voluntary termination agreement, finding the arbitrator reasonably concluded the employee signed under duress.
Trident South Africa (Pty) Ltd and Another v Taylor and Others (B2149/23) [2024] ZAGPPHC 122 (6 February 2024)
Court
North Gauteng High Court, Pretoria
Case number
B2149/23
Judge
de Vos
The respondent failed to show good cause for extending the rule nisi to challenge the settlement agreement. He had already litigated the issue of duress in an urgent application, which was dismissed. The alleged duress, based on economic pressure and emotional trauma from lawful litigation and execution of a valid court order, is not recognised as duress in South African law. The respondent's conduct, including compliance with the agreement and intent to litigate in multiple forums, demonstrates a lack of bona fides and an abuse of process. The settlement agreement was entered into voluntaril…