South Africa Case Law

Motupa v Minister of Police (2017/11257)

Motupa v Minister of Police (2017/11257) [2023] ZAGPJHC 1502 (21 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2017/11257

Judge

Moorcroft

The court found that the correspondence between the parties, specifically the written offer by the State Attorney and its acceptance by the applicant's attorneys, constituted a binding and enforceable settlement agreement covering all outstanding issues in the litigation. The State Attorney had at least ostensible authority to settle the claim, and the respondent was bound by the agreement. The absence of agreement on ancillary matters such as costs of senior counsel or making the agreement an order of court did not prevent contractual force. There were no genuine factual disputes precluding…

Source excerpt

• Settlement Agreement
• Ostensible Authority
• Damages Quantum
• Interest On Judgment
• Costs Order

De Jager N.O and Another v Armaments Corporation of South Africa Limited t/a ARMSCOR (3113/2013)

De Jager N.O and Another v Armaments Corporation of South Africa Limited t/a ARMSCOR (3113/2013) [2015] ZAECGHC 83 (1 September 2015)

Court

Eastern Cape High Court, Grahamstown

Case number

3113/2013

Judge

Pickering

The High Court granted liquidators payment for partially completed work and spares, and held Armscor could not withhold 10% for BEE non-compliance.

• Liquidation
• Executory Contracts
• Bee Compliance
• Contractual Damages
• Interest On Judgment
• Costs Of Suit

Sandberg Transport Bk t/a Sandberg v African Truck Accident Repairs (Edms) Bpk t/a Hermans Truck Accident Repairs (3523/2006)

Sandberg Transport Bk t/a Sandberg v African Truck Accident Repairs (Edms) Bpk t/a Hermans Truck Accident Repairs (3523/2006) [2009] ZAGPPHC 13 (25 March 2009)

Court

North Gauteng High Court, Pretoria

Case number

3523/2006

Judge

C Botha

High Court damages claim for defective truck repairs and consequential loss succeeded, with the defendant ordered to pay both claims plus High Court-scale costs.

• Breach Of Contract
• Defective Performance
• Quantification Of Damages
• Consequential Loss
• Interest On Judgment
• Costs Award

Coetzee v Minister van Veiligheid en Sekuriteit (39553/2005)

Coetzee v Minister van Veiligheid en Sekuriteit (39553/2005) [2008] ZAGPHC 259 (21 August 2008)

Court

High Courts - Gauteng

Case number

39553/2005

Judge

Prinsloo

High Court quantum judgment for unlawful arrest and detention, awarding damages for trauma, loss of income, medical costs, and legal expenses.

• Unlawful Arrest
• Quantum Of Damages
• Post Traumatic Stress Disorder
• Loss Of Income
• General Damages
• Interest On Judgment