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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 606

ABSA Bank (Pty) Ltd v Setoil (Pty) Ltd and Others (2022/003646)

ABSA Bank (Pty) Ltd v Setoil (Pty) Ltd and Others (2022/003646) [2025] ZAGPJHC 606 (10 June 2025)

Summary judgment was granted against sureties after the court found no bona fide defence, held clause 11 was discretionary, and rejected the duress defence.

  • Summary Judgment
  • Suretyship
  • Duress
  • Contractual Defences
  • Summary-judgment
  • Contract-defences
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Labour Law [2025] ZALCJHB 112

Sizakancane Business Enterprise CC v Commission for Conciliation, Mediation and Arbitration and Others (JR542/23)

Sizakancane Business Enterprise CC v Commission for Conciliation, Mediation and Arbitration and Others (JR542/23) [2025] ZALCJHB 112 (18 March 2025)

The Labour Court dismissed a review of a settlement agreement, finding no duress, misrepresentation, or bias by the commissioner, and awarded costs.

  • Settlement Agreement
  • Duress
  • Misrepresentation
  • Review Of Arbitration Award
  • Settlement-agreements
  • Labour-court-review
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Civil Procedure [2025] ZAGPJHC 198

Van Der Weele and Another v Da Costa (2023/123982)

Van Der Weele and Another v Da Costa (2023/123982) [2025] ZAGPJHC 198 (27 February 2025)

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.

  • Unjustified Enrichment
  • National Credit Act
  • Duress
  • Referral To Trial
  • Acknowledgement Of Debt
  • Referral-to-trial
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Labour Law [2025] ZAWCHC 34

SD Recruitment (Pty) Ltd v Vryburg and Others (20986/2024)

SD Recruitment (Pty) Ltd v Vryburg and Others (20986/2024) [2025] ZAWCHC 34 (29 January 2025)

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…

  • Restraint Of Trade
  • Confidential Information
  • Duress
  • Public Policy
  • Contract Enforcement
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Civil Procedure [2024] ZAGPJHC 1189

TCI-TISO (Rf) (Pty) Limited v Intervent Universal (Pty) Limited (2023/098331)

TCI-TISO (Rf) (Pty) Limited v Intervent Universal (Pty) Limited (2023/098331) [2024] ZAGPJHC 1189 (20 November 2024)

Summary judgment was granted after the defendant failed to disclose a bona fide defence to an acknowledgement-of-debt claim.

  • Summary Judgment
  • Acknowledgement Of Debt
  • Jurisdiction
  • Duress
  • Certificate Of Balance
  • Non Joinder
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Labour Law [2024] ZALCJHB 361

Komatsu Mining Corporation Group v Metal and Engineering Industries Bargaining Council and Others (JR2725/21)

Komatsu Mining Corporation Group v Metal and Engineering Industries Bargaining Council and Others (JR2725/21) [2024] ZALCJHB 361 (29 October 2024)

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…

  • Unfair Labour Practice
  • Demotion
  • Arbitration Review
  • Duress
  • Consent To Demotion
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Family And Children [2024] ZAGPPHC 960

T.R (Nee M) v Z.D.R and Others (93454/2015)

T.R (Nee M) v Z.D.R and Others (93454/2015) [2024] ZAGPPHC 960 (23 September 2024)

The High Court dismissed an application to rescind a divorce settlement and order, finding no proved misrepresentation, fraud, duress, or basis for proprietary relief.

  • Divorce Settlement Agreement
  • Rescission Of Judgment
  • Fraudulent Misrepresentation
  • Duress
  • Costs Award
  • Rescission-of-judgment
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Criminal Law [2024] ZALMPPHC 126

Siliga v S (A32/2022)

Siliga v S (A32/2022) [2024] ZALMPPHC 126 (13 August 2024)

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.

  • Rape
  • Minimum Sentencing
  • Credibility Of Single Witness
  • Duress
  • Common Purpose
  • Minimum-sentencing
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Labour Law [2024] ZALCJHB 272

Reitzer Pharmaceuticals (Pty) Ltd v Makwela N.O and Others (JR1295/20)

Reitzer Pharmaceuticals (Pty) Ltd v Makwela N.O and Others (JR1295/20) [2024] ZALCJHB 272 (22 July 2024)

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.

  • Unfair Dismissal
  • Duress In Termination
  • Review Of Arbitration Award
  • Remedies For Unfair Dismissal
  • Labour-law
  • Duress
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Civil Procedure [2024] ZAGPPHC 122

Trident South Africa (Pty) Ltd and Another v Taylor and Others (B2149/23)

Trident South Africa (Pty) Ltd and Another v Taylor and Others (B2149/23) [2024] ZAGPPHC 122 (6 February 2024)

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…

  • Settlement Agreement
  • Rule Nisi
  • Duress
  • Search And Seizure
  • Anton Piller Order
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.