South Africa Case Law

M.M obo A.M v Kgopana (3941/2016)

M.M obo A.M v Kgopana (3941/2016) [2018] ZALMPPHC 29 (29 June 2018)

Court

Limpopo High Court, Polokwane

Case number

3941/2016

Judge

E M Makgoba

The court found that the Defendant's WhatsApp message constituted a clear and unequivocal offer to pay R1,000,000 to the Plaintiff for the benefit of the minor child, conditional upon winning the lottery—a condition that had already been fulfilled. The Plaintiff accepted the offer, and the surrounding circumstances supported the conclusion that a reasonable person in her position would have understood the message as a genuine undertaking. The Defendant's conduct, including his mendacity and attempts to conceal the lottery winnings, undermined his credibility. The court applied the objective t…

Source excerpt

• Contract Formation
• Animus Contrahendi
• Enforceability Of Undertakings
• Objective Intention
• Maintenance Settlement

Southern African Clothing and Textile Workers' Union v Competition Commission and Another (IM161Dec14)

Southern African Clothing and Textile Workers' Union v Competition Commission and Another (IM161Dec14) [2015] ZACT 144 (28 May 2015)

Court

Competition Tribunal

Case number

IM161Dec14

Judges

Medi Mokuena, Andiswa Ndoni, Fiona Tregenna

The Tribunal amended a merger condition to extend a no-retrenchment protection from one year to three years, reflecting a prior union agreement.

• Public Interest Conditions
• Merger Review
• Employment Protection
• Enforceability Of Undertakings
• Merger-review
• Public-interest-conditions