South Africa Case Law

Hillingdale Capital (Pty) Ltd v Dust-A-Side Holdings (Pty) Ltd and Another (065752/2024)

Hillingdale Capital (Pty) Ltd v Dust-A-Side Holdings (Pty) Ltd and Another (065752/2024) [2024] ZAGPPHC 1261 (2 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

065752/2024

Judge

GN Moshoana

The court found that a serious and genuine dispute of fact exists regarding the validity of the Service Level Agreement, specifically in relation to the defence of economic duress raised by the respondent. Such disputes are incapable of resolution on affidavit and require oral evidence. The applicant was aware, or ought to have been aware, of the foreseeable dispute prior to launching motion proceedings, especially after the respondent's explicit challenge to the contract's validity. Accordingly, the court invoked rule 6(5)(g) of the Uniform Rules and referred the matter to trial, directing t…

Source excerpt

• Specific Performance
• Economic Duress
• Validity Of Contract
• Motion To Trial Conversion
• Costs Order

Phoenix International Logistics (Pty) Ltd v Stax of Wodd CC and Another (3651/2023)

Phoenix International Logistics (Pty) Ltd v Stax of Wodd CC and Another (3651/2023) [2024] ZAWCHC 98 (22 February 2024)

Court

Western Cape High Court, Cape Town

Case number

3651/2023

Judge

Golden

The High Court dismissed an exception to a plea raising economic duress and duress of goods in a dispute over acknowledgements of debt.

• Exception To Plea
• Economic Duress
• Duress Of Goods
• Acknowledgement Of Debt
• Vague And Embarrassing Pleading
• Economic-duress

Le Sueur v Stainton and Another (2091/19P)

Le Sueur v Stainton and Another (2091/19P) [2021] ZAKZPHC 44 (28 July 2021)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

2091/19P

Judge

Bezuidenhout AJ

The court dismissed a bid to refer issues to oral evidence and granted judgment on confessions to judgment for over R103 million, rejecting duress, Companies Act, and NCA defences.

• Confession To Judgment
• Economic Duress
• Companies Act Section 112
• National Credit Act Section 40
• Settlement Agreement
• Referral To Oral Evidence

Workforce Group v McLintock and Others (DA08/16)

Workforce Group v McLintock and Others (DA08/16) [2017] ZALAC 49; (2017) 38 ILJ 2517 (LAC) (1 August 2017)

Court

Labour Appeal Court

Case number

DA08/16

Judges

Tlaletsi, Landman, Phatshoane

The Labour Appeal Court upheld dismissal for fraud, finding no credible economic duress and no inconsistency in discipline. The Labour Court’s review was set aside.

• Unfair Dismissal
• Economic Duress
• Consistency In Discipline
• Fraudulent Misconduct
• Arbitration Review
• Trust And Integrity

Thupaemang v Mmabana Arts, Culture And Sports Foundation and Another (J2789/13)

Thupaemang v Mmabana Arts, Culture And Sports Foundation and Another (J2789/13) [2016] ZALCJHB 192 (19 May 2016)

Court

Labour Court Johannesburg

Case number

J2789/13

Judge

Everett

The Labour Court refused condonation and dismissed an application to set aside a CCMA settlement agreement, finding the delay excessive and the duress claim weak.

• Settlement Agreement
• Condonation
• Unfair Dismissal
• Economic Duress
• Settlement-agreements
• Unfair-dismissal

Firstrand Bank Limited v Hazan and Another; Firstrand Bank Limited v Hazan Wholesalers and Distributors CC (2013/47366, 2013/47367)

Firstrand Bank Limited v Hazan and Another; Firstrand Bank Limited v Hazan Wholesalers and Distributors CC (2013/47366, 2013/47367) [2016] ZAGPJHC 20; [2016] 2 All SA 112 (GJ) (18 February 2016)

Court

South Gauteng High Court, Johannesburg

Case number

2013/47366, 2013/47367

Judge

Opperman AJ

The court found that Firstrand Bank Limited is a creditor of Hazan Wholesalers and Distributors CC, with valid claims under both the facility and loan agreements, supported by contractually valid certificates of indebtedness. The suretyship agreements signed by Mr and Mrs Hazan contractually permit the use of such certificates against them. The respondents' defences of lack of authority, economic duress, collusion, and prejudice were rejected as unsupported by the facts and law. The cession of claims by the Savoy to Mr Hazan was void as it occurred after the commencement of liquidation and no…

Source excerpt

• Suretyship Liability
• Certificate Of Indebtedness
• Company Liquidation
• Economic Duress
• Performance Guarantee
• Creditor Winding Up

Firstrand Bank Ltd v Samgram Holdings (Pty) Ltd (1117/2013)

Firstrand Bank Ltd v Samgram Holdings (Pty) Ltd (1117/2013) [2013] ZAKZDHC 41 (26 August 2013)

Court

Kwazulu-Natal High Court, Durban

Case number

1117/2013

Judge

Lopes

The court granted Firstrand Bank a provisional winding-up order against Samgram Holdings, finding the company unable to pay its debts and rejecting its duress defence.

• Company Liquidation
• Commercial Insolvency
• Suretyship
• Economic Duress
• Provisional Winding Up
• Company-liquidation

Medscheme Holdings (Pty) Ltd and Another v Bhamjee (214/2004)

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)

Court

Supreme Court of Appeal

Case number

214/04

Judges

Zulman, Cameron, Nugent, Cloete, Jafta

The Supreme Court of Appeal held that the debt acknowledgments were not voidable for duress; the conduct was hard bargaining, not unlawful economic pressure.

• Duress In Contract
• Economic Duress
• Voidable Contracts
• Hard Bargaining
• Acknowledgment Of Debt
• Economic-duress

National Education Health and Allied Workers Union v Public Health and Welfare Sectoral Bargaining Council and Others (JR367/01)

National Education Health and Allied Workers Union v Public Health and Welfare Sectoral Bargaining Council and Others (JR367/01) [2002] ZALC 5; (2002) 23 ILJ 509 (LC); [2002] 3 BLLR 222 (LC) (30 January 2002)

Court

Labour Court

Case number

JR367/01

Judge

B M Jammy

The Labour Court dismissed a review of an arbitration award, finding the agreement was concluded under economic duress and the award’s result was correct.

• Collective Agreement Interpretation
• Unfair Labour Practice
• Economic Duress
• Arbitration Review
• Economic-duress
• Arbitration-review