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South Africa decisions
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Terblanche v Terblanche and Another [2023] ZAGPPHC 100; 35072/2021 (17 February 2023)
The High Court dismissed a contempt application arising from a divorce settlement, finding no proven refusal to comply and no basis to turn the agreed sale mechanism into direct payment.
M.U v W.H (2022/026981) [2023] ZAGPJHC 79 (6 February 2023)
The High Court refused leave to appeal against an urgent order requiring two children to be returned to their mother, and struck a later leave application from the roll.
Waste Partner Investments (Pty) Ltd and Another v FAW Vehicle Manufacturers SA (Pty) Ltd (36802/2019) [2021] ZAGPJHC 600 (29 October 2021)
The applicants were fully aware of the settlement agreement and its conversion into a court order, yet failed to oppose the application and delayed seeking rescission for over eight months without credible explanation. Their conduct demonstrates wilful default and lack of bona fides. The grounds advanced for rescission, including alleged lack of authority and invalidity of the underlying debt, are unsubstantiated and do not meet the stringent requirements for rescission under Rule 42(1)(a) or common law. The application is an abuse of process intended to frustrate enforcement of clear underta…
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Rippel Effect Systems (Pty) Ltd v Milkor (Pty) Ltd and Another (47896/ 2016) [2018] ZAGPPHC 562 (3 August 2018)
The court dismissed an application to set aside a 2007 settlement order and upheld a counter-application confirming it remained enforceable.
N.A.R v J.M.R (95368/2016) [2018] ZAGPPHC 377 (22 February 2018)
The court held that the settlement agreement, having been made an order of court, constitutes a judgment debt and is subject to a thirty-year prescription period. Therefore, the applicant's claim has not prescribed. However, the agreement does not create a clear obligation for the respondent to transfer shares or resign as trustee and beneficiary. The relevant clauses are ambiguous and do not specify the actions sought by the applicant. The applicant should have sought rectification or interpretation of the agreement. As the order is not readily enforceable in its current form, the applicatio…
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L.L v H.L (DIV210/2011) [2018] ZANWHC 29 (15 February 2018)
The court held that a settlement agreement made an order of court is final and enforceable unless rescinded or varied. The applicant did not seek rescission or variation of the order, and thus the order stands and must be complied with. The alleged repudiation by the respondent was not proven on the facts; her conduct demonstrated an intention to enforce the agreement and not to repudiate it. The requirements for an interim interdict were not met, as no prima facie case for termination of the agreement was established and the balance of convenience did not favour the applicant. The applicatio…
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Messina Associated Carriers CC v Mashaba (J1332/07) [2017] ZALCJHB 514 (7 June 2017)
The Labour Court held that the respondent waived further enforcement of a reinstatement award by accepting and depositing a cheque tendered as full settlement.
Cloete v Mathekga and Others (62664/2013) [2015] ZAGPPHC 771 (2 September 2015)
The High Court held that a settlement agreement made an order of court created a contractual debt, making the firm’s directors jointly liable under section 53(b).
L v L and Another (164/2014) [2014] ZAFSHC 204; 2015 (4) SA 271 (FB) (30 October 2014)
The High Court granted a mandatory interdict compelling pension fund information disclosure needed to assess a divorced spouse’s 50% pension interest.
V v V and Another (2962/2013) [2013] ZAFSHC 229 (28 November 2013)
The High Court held that the respondent’s maintenance had not lapsed, finding no proven cohabitation as husband and wife and upholding enforcement by warrant.
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