Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Tornowize (Pty) Limited v Thungela Operations (Pty) Limited (2022/060819) [2025] ZAGPJHC 222 (28 February 2025)
The court held that Tornowize complied with a deed of settlement made an order of court, rejecting Thungela’s claim that December 2022 P&G payments remained outstanding.
Standard Bank of South Africa Limited v Brilliant Car Sales CC and Others (17496/2017) [2024] ZAGPPHC 1193 (20 November 2024)
The High Court held that the defendants failed to prove full settlement of a loan, granted special executability of bonded property, and dismissed the counterclaim.
National Union of Metal Workers of South Africa and Others v Welfit Oddy (Pty) Ltd (PS26/20) [2023] ZALCPE 28; [2024] 4 BLLR 416 (LC) (1 December 2023)
The court found that the collective agreement, including the full and final settlement clause, was valid and binding on all parties. The regional secretary and shop stewards of the first applicant signed the agreement and its schedules, and the applicants accepted the benefits provided under the agreement. There was no evidence that the applicants did not voluntarily enter into the agreement or that the agreement had been varied. As a result, the applicants' claims were compromised, and the court lacked jurisdiction to adjudicate the unfair dismissal dispute. The employment relationship was t…
Source excerpt
Makhothokho and Others v Pick n Pay Supply Chain (Pty) Ltd and Another (JS345/17) [2022] ZALCJHB 114 (24 May 2022)
The Labour Court held that retrenchment agreements signed by the applicants were voluntary, binding full and final settlements, defeating their unfair dismissal claims.
Hlophe v TS Galaxy FC (C1083/2018) [2022] ZALCCT 21 (9 May 2022)
The court found that the applicant failed to establish that a transfer of business as a going concern occurred under section 197 of the Labour Relations Act. The evidence showed only the sale of the right to participate in the NSL First Division, with no proof of asset or workforce transfer sufficient to constitute a business transfer. The applicant's acceptance of benefits under the proposed settlement agreement, without reservation or restitution, amounted to tacit acceptance of its terms, rendering his claim unenforceable on grounds of public policy. The Labour Court therefore lacked juris…
Source excerpt
National Union of Metalworkers of South Africa and Others v Clear Creek Trading 167 (Pty) Ltd t/a Wireforce (JS656/16) [2018] ZALCJHB 340 (12 October 2018)
The court found that Wireforce failed to comply with the requirements of section 189 of the Labour Relations Act, as the retrenchment process was neither procedurally nor substantively fair. The applicant employees were coerced into signing settlement agreements under duress, without proper consultation or representation, and NUMSA was deliberately excluded from the process. The evidence established that Wireforce's approach was designed to circumvent statutory requirements and procure signatures on settlement agreements, rather than engage in genuine consultation. The settlement agreements a…
Source excerpt
Nyama v GW Bekker t/a Lichtenburg Motors (NW09/2018) [2018] ZACONAF 15 (26 July 2018)
The court found that the plaintiff, through his legal representative, accepted the defendant's offer of R 50,822.81 in full and final settlement, thereby concluding a binding compromise agreement. There was no evidence that the acceptance was made under duress or undue pressure, nor was it accepted on a 'without prejudice' basis. The court held that section 40 of the Consumer Protection Act did not apply to the circumstances, as the protections therein are relevant to the marketing, negotiation, and conclusion of consumer agreements, not to the return of goods and refund under section 56(2).…
Source excerpt
Cosmo Retail Park (Pty) Ltd v City of Tshwane Metropolitan Municipality (95508/2015) [2018] ZAGPPHC 61 (12 February 2018)
The High Court dismissed a declaratory application about municipal property rates, finding no proof that a R350,000 payment was accepted in full and final settlement.
Flusk v Absa Bank Limited (2014/2678) [2017] ZAGPJHC 310 (25 October 2017)
The High Court held that a settlement agreement did not bar the plaintiff’s delict claim, but the action failed because the pleadings and evidence did not prove liability.
Fli-Afrika Travel (Pty) Ltd v South African Football Association (12184/2013) [2017] ZAGPJHC 20 (9 February 2017)
The High Court held that a full and final settlement agreement extinguished the parties’ prior obligations, and dismissed Fli-Afrika’s claim with costs.
Explore more
