South Africa Case Law

Manana v King Sabata Dalindyebo Local Municipality (PA01/2024)

Manana v King Sabata Dalindyebo Local Municipality (PA01/2024) [2025] ZALAC 27; (2025) 46 ILJ 1899 (LAC) (7 May 2025)

Court

Labour Appeal Court

Case number

PA 01/2024

Judges

Van Niekerk, Nkutha-Nkontwana, Mooki

The appeal was dismissed because the principle of ostensible authority cannot override statutory requirements for delegation of authority in organs of state. Section 59 of the Municipal Systems Act requires written delegation and council approval for sub-delegation of authority to settle disputes. Mr Nodo lacked such authority, and his unilateral actions could not bind the Municipality. The invocation of ostensible authority or estoppel is untenable where the legality principle is implicated, as courts cannot sanction illegality. The Labour Court correctly found that the Municipality was not…

Source excerpt

• Enforcement Of Settlement Agreement
• Ostensible Authority
• Delegation Of Powers
• Principle Of Legality
• Municipal Systems Act
• Costs In Labour Matters

Uni-Span Formwork and Scaffolding (Pty) Ltd v SVK Holdings (Pty) Ltd and Another (Leave to Appeal) (26270/2021)

Uni-Span Formwork and Scaffolding (Pty) Ltd v SVK Holdings (Pty) Ltd and Another (Leave to Appeal) (26270/2021) [2024] ZAGPPHC 36 (26 January 2024)

Court

North Gauteng High Court, Pretoria

Case number

26270/2021

Judge

N Davis

The court found that none of the grounds advanced by SVK and Mr Van der Merwe had merit. The lis pendens argument failed because the settlement agreement disposed of the original dispute, and no withdrawal of the initial application was required. The allegation of undue influence was rejected, as the agreement was entered into with legal advice and without coercion. The Shabangu judgment was distinguishable, as there was no finding of invalidity in the original contract. The status argument regarding the liquidators' consent was not raised in the initial proceedings and involved factual matte…

Source excerpt

• Enforcement Of Settlement Agreement
• Leave To Appeal
• Lis Pendens
• Undue Influence
• Liquidation Proceedings

Myeza v Mtlokwana (2023-005686)

Myeza v Mtlokwana (2023-005686) [2023] ZAGPPHC 1899 (6 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

2023-005686

Judge

MB Mokoena

The court found that the applicant failed to place a valid and complete settlement agreement before the court, as the document relied upon was incomplete, lacked proper signatures, and contained discrepancies in the description of the properties. Even if the settlement agreement were valid, the applicant's claim to enforce transfer of the properties would have prescribed in terms of section 11(d) of the Prescription Act, as more than three years had elapsed since the alleged conclusion of the agreement in July 2015. The applicant's argument that his claim was not a debt was rejected, as oblig…

Source excerpt

• Prescription Act
• Enforcement Of Settlement Agreement
• Transfer Of Immovable Property
• Costs Order

S.S v Y.S (4165/2022)

S.S v Y.S (4165/2022) [2023] ZAMPMBHC 28 (15 May 2023)

Court

Mbombela High Court, Mpumalanga

Case number

4165/2022

Judge

Mashile

The High Court confirmed cancellation of a post-divorce verbal agreement, ordering sale and transfer of the property and rejecting a PIE eviction argument.

• Enforcement Of Settlement Agreement
• Division Of Assets
• Cancellation Of Contract
• Set Off
• Motion Proceedings
• Eviction Vs Enforcement

Standard Bank of South Africa v Retief N.O and Others (1521/2020)

Standard Bank of South Africa v Retief N.O and Others (1521/2020) [2023] ZANCHC 31 (17 February 2023)

Court

Northern Cape High Court, Kimberley

Case number

1521/2020

Judge

Mamosebo

The High Court found the respondents guilty of contempt for failing to comply with a court-ordered settlement and regulatory agreement concerning the sale of farms.

• Contempt Of Court
• Enforcement Of Settlement Agreement
• Wilful Disobedience
• Costs Order
• Motion Proceedings
• Contempt-of-court

Pooe v MA Selota Attorneys :In re: MA Selota Attorneys v Pooe and Others (J310/2020)

Pooe v MA Selota Attorneys :In re: MA Selota Attorneys v Pooe and Others (J310/2020) [2022] ZALCJHB 294 (14 October 2022)

Court

Labour Court Johannesburg

Case number

J310/2020

Judge

T Govender

The court found that MA Selota Attorneys' application to stay enforcement of the writ of execution and to vary the settlement agreement was legally incompetent. The variation sought did not meet the requirements of Rule 16A, as there was no written agreement between the parties to vary the settlement, and the alleged impossibility of performance was self-created and did not amount to absolute impossibility. The applicant failed to properly pursue rescission or variation in law and attempted to frustrate enforcement of a valid court order. The vehicles attached under the writ of execution must…

Source excerpt

• Variation Of Court Order
• Impossibility Of Performance
• Enforcement Of Settlement Agreement
• Costs In Labour Matters

Van Rensburg v Germishuizen (30488/2019)

Van Rensburg v Germishuizen (30488/2019) [2022] ZAGPJHC 975 (12 October 2022)

Court

South Gauteng High Court, Johannesburg

Case number

30488/2019

Judge

A A Crutchfield

The court found that the settlement agreement was valid and enforceable, as both parties entered into it voluntarily and knowingly, with the respondent having made amendments and proposals. The agreement did not contain unlawful or illegal provisions, and the inclusion of terms not originally claimed in the action proceedings was immaterial to its validity. The absence of joinder of the bond holder and pension fund administrator was not fatal, as the agreement did not bind third parties and only created personal rights between the parties. Allegations of duress and misrepresentation were unsu…

Source excerpt

• Enforcement Of Settlement Agreement
• Universal Partnership
• Joinder Of Interested Parties
• Spousal Maintenance
• Pension Fund Interest
• Contractual Validity

MFC (A Division of Nedbank Limited) v Grobler (19/01548)

MFC (A Division of Nedbank Limited) v Grobler (19/01548) [2021] ZAGPJHC 616 (2 November 2021)

Court

South Gauteng High Court, Johannesburg

Case number

19/01548

Judge

B M Slon

The High Court refused a postponement and leave to appeal, holding that the respondent had no sustainable defence to enforcement of a settlement agreement and vehicle finance obligations.

• Enforcement Of Settlement Agreement
• Breach Of Contract
• Postponement Of Hearing
• Civil-procedure
• Settlement-agreements
• Postponement

M v SALA Pension Fund (2021/5781)

M v SALA Pension Fund (2021/5781) [2021] ZAGPJHC 444 (31 August 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2021/5781

Judge

A. De Wet

The court found that while the applicant may be entitled to 50% of the deceased's pension interest as at the date of divorce, the court order relied upon does not comply with the requirements of section 7(8) of the Divorce Act. Specifically, the order does not identify the respondent pension fund nor direct it to make payment to the applicant. As a result, the respondent is not bound by the order and is not obliged to pay the applicant her share of the pension interest. The applicant must seek satisfaction from the deceased's estate. The respondent acted in accordance with section 37C of the…

Source excerpt

• Pension Interest On Divorce
• Divorce Act Section 7
• Pension Funds Act Section 37d
• Enforcement Of Settlement Agreement

Sedwin Investments (Pty) Ltd v Datnow and Another (1819/2017)

Sedwin Investments (Pty) Ltd v Datnow and Another (1819/2017) [2020] ZAECPEHC 44 (10 November 2020)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1819/2017

Judge

E Revelas

The High Court enforced a signed settlement agreement and made it an order of court, rejecting claims of error, repudiation, and counterproposal.

• Enforcement Of Settlement Agreement
• Rectification Of Contract
• Loan Agreement
• Attorney And Own Client Costs
• Enforcement-of-settlement-agreement
• Rectification-of-contract