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South Africa Case Law

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Civil Procedure [2023] ZANCHC 15

Department Of Roads And Public Works: Northern Cape and Others v Samex Consulting (Pty) Ltd (2101/2021)

Department Of Roads And Public Works: Northern Cape and Others v Samex Consulting (Pty) Ltd (2101/2021) [2023] ZANCHC 15 (31 March 2023)

The court granted leave to appeal in a dispute over whether a consent order and settlement arrangement were enforceable or too uncertain to bind the parties.

  • Enforceability Of Settlement Agreements
  • Agreement To Agree
  • Dispute Resolution Mechanisms
  • Consent Orders
  • Agreement-to-agree
  • Settlement-agreements
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Civil Procedure [2016] ZAGPJHC 48

Mbebe v Minister of Communications and Another (31593/2014)

Mbebe v Minister of Communications and Another (31593/2014) [2016] ZAGPJHC 48 (26 February 2016)

The court held that alleged settlement drafts were not binding agreements because they were unsigned, incomplete, and intended to be finalized in writing.

  • Enforceability Of Settlement Agreements
  • Requirement Of Signature
  • Consensus In Contract
  • Public Finance Management Act
  • Settlement-agreements
  • Contract-formation
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Civil Procedure [2015] ZAECBHC 7

Coppermoon Trading 13 (Pty) Ltd v Government of the Province of the Eastern Cape and Another (451/09)

Coppermoon Trading 13 (Pty) Ltd v Government of the Province of the Eastern Cape and Another (451/09) [2015] ZAECBHC 7 (16 April 2015)

The High Court held that a settlement deed over the Amatola Sun was only an agreement to agree, not a final binding compromise, and dismissed the application.

  • Enforceability Of Settlement Agreements
  • Agreement To Agree
  • Specific Performance
  • Lease Of State Property
  • Agreement-to-agree
  • Settlement-agreements
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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.