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South Africa decisions
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Integrity Forensic Solutions CC v Amajuba District Municipality (662/2022) [2023] ZASCA 124 (28 September 2023)
The Supreme Court of Appeal held that no valid, enforceable agreement for litigation support services was proved and struck the appeal off the roll with costs.
Ntsiko v Commission for Conciliation, Mediation and Arbitration and Others (PR 161/20) [2022] ZALCPE 32 (11 November 2022)
The Labour Court granted condonation for a late review but dismissed an application to set aside a settlement agreement as vague or unenforceable.
Bone And Arthroplasty Research Centre Development CC v Pretorius and Another (31355/2014) [2015] ZAGPJHC 28 (29 January 2015)
The court found that the employment relationship between the applicant and the first respondent ended on 30 April 2007, when the first respondent entered into a new contract of employment with Highveld PFS, and later with Eneleg CC. The restraint of trade agreement was dependent on the existence of the employment contract between the applicant and the first respondent. Once that contract was terminated and replaced, the restraint could not survive independently. The subsequent employment relationships with Highveld PFS and Eneleg CC were genuine and not a sham. The applicant's reliance on Sec…
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Firstrand Bank Ltd Trading Inter alia as FNB Home Loans v Anzel Trading 1002 CC and Others (965/10) [2012] ZAGPPHC 319 (28 November 2012)
High Court summary judgment granted where respondents failed to disclose a bona fide defence and relied on an unwritten alleged payment arrangement contrary to the bond terms.
Solidarity and Others v Eskom Holdings Ltd (C 207/2003) [2011] ZALCCT 17; (2012) 33 ILJ 464 (LC) (5 August 2011)
On the balance of probabilities, the court found that consensus was reached at the meeting of 10 July 1998 regarding early retirement for licensed operators, and that this agreement was embodied in Management Directive MD 102 (Rev 2). The applicants were entitled to rely on Eskom's manifestation of assent and the Turquand rule, as Crookes and Prozesky acted within the apparent scope of their authority and created the impression that internal formalities had been complied with. The agreement did not constitute a change to conditions of service requiring central negotiation, as it provided an e…
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L.G.V v J.H.V (born F) (6246/2008) [2010] ZAWCHC 602 (6 December 2010)
The court found that the agreement marked 'X' did not purport to vary the matrimonial property regime, which remained out of community of property with accrual. The agreement merely excluded certain properties from the accrual calculation in the defendant's estate, which is a matter between the parties and does not affect third parties or creditors. The requirement for registration of nuptial contracts is intended to protect third parties, not to invalidate bilateral agreements regarding accrual sharing. The plaintiff did not donate the properties, as he did not own them; rather, he waived hi…
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Remote Construction Group (Pty) Ltd and Others v Sheridan N.O and Others (11170/09) [2010] ZAKZPHC 93 (28 April 2010)
The court found that neither the MOU nor LB4 constituted a valid and enforceable agreement. The MOU was an agreement to agree and was not signed by all necessary parties. LB4, which purported to record the subsidiary terms, was not signed by the fourth respondent and did not include all parties stipulated in the MOU. The option to purchase contained in LB4 was withdrawn before signature, and no acceptance of the offer could follow. Furthermore, the purchase price was not fixed or determinable, failing the common law requirement for certainty in contracts of sale. The option agreement did not…
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