South Africa Case Law

Masilela v CCMA and Others (JR2350/11)

Masilela v CCMA and Others (JR2350/11) [2016] ZALCJHB 132 (30 March 2016)

Court

Labour Court Johannesburg

Case number

JR2350/11

Judge

Whitcher

The court found that the applicant's review application was filed late and that the delay was egregious and unjustified, especially after being warned and given opportunities to file condonation. The refusal to postpone the arbitration became academic after the parties entered into a settlement agreement, which compromised the dispute. The applicant's allegations of undue influence by the commissioner were unsupported by evidence and contradicted his own affidavits. The CCMA lacked jurisdiction to set aside the settlement agreement, and any challenge to its validity should have been brought u…

Source excerpt

• Condonation For Late Filing
• Settlement Agreement
• Ccma Jurisdiction
• Review Of Arbitration Ruling
• Duress And Undue Influence

Maye Serobe (Pty) Ltd v LEWUSA obo Members and Others (J2377/12)

Maye Serobe (Pty) Ltd v LEWUSA obo Members and Others (J2377/12) [2015] ZALCJHB 116 (9 April 2015)

Court

Labour Court Johannesburg

Case number

J2377/12

Judge

Ralefatane

The Labour Court dismissed a review of a CCMA settlement, holding that the applicant’s representative was authorised and no duress or improper influence was proved.

• Agency And Mandate
• Settlement Agreement
• Conciliation Proceedings
• Ostensible Authority
• Duress And Undue Influence
• Labour-law

Ascent Mining Services CC v Richards Bay Minerals (3412/2011)

Ascent Mining Services CC v Richards Bay Minerals (3412/2011) [2014] ZAKZDHC 21 (2 May 2014)

Court

Kwazulu-Natal High Court, Durban

Case number

3412/2011

Judge

Vahed

The court held that a fuel-cost dispute between mining contractors had been validly compromised by a signed acknowledgement of debt and later reconciliation.

• Contractual Compromise
• Acknowledgement Of Debt
• Rectification Of Contract
• Duress And Undue Influence
• Set Off
• Costs Orders

Margre Property Holdings CC v Jewula (546/2002)

Margre Property Holdings CC v Jewula (546/2002) [2002] ZAECHC 22; [2005] 2 All SA 119 (E) (29 August 2002)

Court

High Courts - Eastern Cape

Case number

546/2002

Judge

J.D. Pickering

The court found that the relief sought by the applicant, namely limiting the respondent's livestock to 80 units as per the written agreement, does not constitute an eviction under the Tenure Act. The right to use land for grazing is not an automatic adjunct to the right of residence and requires the owner's consent. The agreement was entered into voluntarily, with respondent assisted by advisers and the terms clearly explained. Respondent's claims of duress and lack of understanding were found to be untenable and unsupported by the evidence. The respondent's continued breach of the agreement…

Source excerpt

• Extension Of Security Of Tenure Act
• Specific Performance
• Eviction Definition
• Duress And Undue Influence
• Contractual Interpretation