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South Africa decisions
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Standard Bank of South Africa Limited v Maree N.O and Others (6038/2023) [2024] ZAFSHC 172 (24 May 2024)
The High Court enforced a settlement agreement against the Maree trust and Goldensands, rejected duress and prematurity defences, and dismissed the counter-application.
Maree and Another v Standard Bank of South Africa Limited (3372/2023) [2024] ZAFSHC 51 (22 February 2024)
The High Court dismissed an application for leave to appeal against an interim order confirming perfection of notarial bonds, finding no reasonable prospect of success.
Beyer and Others v Alleyroads Construction (Pty) Ltd (JS 1542 / 2019) [2023] ZALCJHB 338 (29 November 2023)
The Labour Court dismissed a jurisdictional point in limine, finding that two applicants did not sign consultancy agreements and a third signed under duress.
Mokken N.O and Others v Master of the High Court, Pretoria and Others (33000/20) [2021] ZAGPPHC 742 (2 November 2021)
The High Court dismissed a challenge to amended trust deeds and letters of authority, finding no factual basis for duress, misrepresentation, or referral to trial.
Motlhamme and Others v Gold Rush Morula and Others (JR1841/18) [2021] ZALCJHB 173 (21 July 2021)
The Labour Court found that it lacks jurisdiction to review a settlement agreement that has not been made an arbitration award under section 142A of the LRA. The applicants failed to identify any provision in the LRA or other law conferring jurisdiction for the relief sought. The settlement agreement is a contract between the parties, and any challenge to its validity must be based on common law principles of contract, such as duress or misrepresentation, not by way of review. The conduct of the arbitrator during conciliation is not reviewable, as the arbitrator does not exercise statutory de…
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Melembe v Commission for Conciliation, Mediation and Arbitration and Others (JR 811/2018) [2020] ZALCJHB 230 (26 October 2020)
The court found that the applicant, a senior and sophisticated employee, voluntarily signed the separation agreement after being presented with options, including suspension and disciplinary enquiry. The evidence did not support claims of duress, coercion, or intimidation sufficient to vitiate consent. The Commissioner correctly concluded that there was no dismissal and that the termination of employment was by mutual agreement. The CCMA therefore lacked jurisdiction to entertain the dispute. The review application failed as the applicant did not discharge the onus to prove dismissal or coerc…
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ACME Salvage (Pty) Ltd v Smith Salvage Brokers CC (7271/11) [2012] ZAWCHC 230 (14 November 2012)
The respondent admits indebtedness to the applicant, though disputes the quantum. The alleged duress is unsupported by sufficient detail and lacks particularity, rendering it speculative and not a valid defence. The respondent's tender was conditional and therefore does not constitute payment in law. The court finds that none of the respondent's defences are sustainable, and the applicant has established its entitlement to a provisional winding up order under the relevant statutory provisions.
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May and Others v Minister of Agruculture and Land Affairs and Others (LCC146/2007) [2012] ZALCC 9 (13 April 2012)
The court found that the applicants failed to prove that the agreements were signed without authority or under duress. The evidence, including affidavits from community representatives and independent NGO staff, supported the respondents' version that the agreements were properly explained and entered into. The applicants did not provide sufficient sworn testimony of personal duress or lack of authority. The prescription defence was not properly pleaded by the respondents, as they failed to specify the dates when debts became due and did not account for payments that interrupted prescription.…
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AMSA SA (Edms) Bpk v Frabert BK (1425/08) [2008] ZANCHC 75 (12 December 2008)
The court granted a provisional liquidation order after finding a liquidated claim, failed debt payment, and that the respondent’s substratum had fallen away.
Medscheme Holdings (Pty) Ltd and Another v Bhamjee (214/2004) [2005] ZASCA 48; [2005] 4 All SA 16 (SCA); 2005 (5) SA 339 (SCA) (27 May 2005)
The Supreme Court of Appeal held that the debt acknowledgments were not voidable for duress; the conduct was hard bargaining, not unlawful economic pressure.
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