South Africa Case Law

Bangani v Minister of Rural Development & Land Affairs and Another (1708/2013)

Bangani v Minister of Rural Development & Land Affairs and Another (1708/2013) [2015] ZAECMHC 84 (10 December 2015)

Court

Eastern Cape High Court, Mthatha

Case number

1708/2013

Judge

Dunywa

The court found that the agreement in question was certified under section 14(3) of the Restitution of Land Rights Act, as evidenced by references in the pleadings and the contract itself. Section 22 of the Act confers exclusive jurisdiction on the Land Claims Court for matters involving such agreements. The High Court's inherent jurisdiction is subject to statutory limitations, and the Restitution of Land Rights Act expressly excludes the High Court from adjudicating these matters. The absence of the actual certificate does not preclude the finding that the agreement falls under section 14(3…

Source excerpt

• Restitution Of Land Rights Act
• Jurisdiction
• Enforcement Of Agreements
• Locus Standi

Msezane v Chippa Investment Holdings CC (J 2026/12)

Msezane v Chippa Investment Holdings CC (J 2026/12) [2013] ZALCJHB 71 (3 May 2013)

Court

Labour Court Johannesburg

Case number

J 2026/12

Judge

E Molahlehi

The Labour Court granted an unopposed application to make a settlement agreement an order of court under section 158(1)(c) of the Labour Relations Act.

• Settlement Agreement
• Section 158 1 C
• Enforcement Of Agreements
• Settlement-agreement
• Labour-relations-act
• Enforcement-of-agreements

Bobcrete (Pty) Ltd v Building Industry Bargaining Council and Another (C940/2009)

Bobcrete (Pty) Ltd v Building Industry Bargaining Council and Another (C940/2009) [2010] ZALCCT 20 (4 May 2010)

Court

Labour Court Cape Town

Case number

C940/2009

Judge

Cheadle

The Labour Court reviewed and set aside an arbitration award and referred the scope dispute over a building-industry collective agreement to the CCMA under section 62.

• Collective Agreements
• Jurisdiction Of Arbitrator
• Referral To Ccma
• Enforcement Of Agreements
• Labour-law
• Collective-agreements

Harrisawak v La Farge (South Africa) (D353/2000)

Harrisawak v La Farge (South Africa) (D353/2000) [2001] ZALC 35; [2001] 6 BLLR 614 (LC); (2001) 22 ILJ 1395 (LC) (1 March 2001)

Court

Labour Court

Case number

D353/2000

Judge

Pillay

The Labour Court held it had jurisdiction to consider making a settlement agreement an order of court under section 158(1)(c), but dismissed the application as a new cause of action had arisen.

• Settlement Agreement
• Jurisdiction Of Labour Court
• Section 158 1 C Lra
• Enforcement Of Agreements
• Settlement-agreements
• Labour-court-jurisdiction

National Union of Construction Workers v Oranje Mynbou en Vervoer Maatskapy Beperk (J1204/99)

National Union of Construction Workers v Oranje Mynbou en Vervoer Maatskapy Beperk (J1204/99) [1999] ZALC 158 (22 October 1999)

Court

Labour Court

Case number

J1204/99

Judge

E Revelas

The Labour Court held that a settlement agreement amounting to a collective agreement could not be made an order of court and had to be pursued through the CCMA.

• Collective Agreement
• Settlement Agreement
• Enforcement Of Agreements
• Jurisdiction Of Labour Court
• Conciliation And Arbitration
• Labour-law