South Africa Case Law

D.A v D.T.M (2021/23816)

D.A v D.T.M (2021/23816) [2024] ZAGPJHC 416 (26 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2021/23816

Judge

Green

The court found that the stabling costs claimed in the writ of execution do not fall within the scope of clause 4.1.1.4 of the settlement agreement, which is anchored to extra mural or extra-curricular activities linked to the child’s school. Dressage and stabling fees are not typically school-linked activities, and the papers did not establish that they were. The subsequent conduct of the parties, including the absence of stabling fees in prior maintenance claims and spreadsheets, supported this interpretation. As a result, the writ was issued for an incorrect amount and was invalid. The cou…

Source excerpt

• Maintenance Obligations
• Interpretation Of Settlement Agreement
• Writ Of Execution
• Costs Award

Botha N.O and Another v Van Zyl and Another (A25 / 2021; 2996 / 2017)

Botha N.O and Another v Van Zyl and Another (A25 / 2021; 2996 / 2017) [2023] ZAMPMHC 32 (27 September 2023)

Court

Middelburg High Court, Mpumalanga

Case number

A25 / 2021; 2996 / 2017

Judges

TV Ratshibvumo, MB Langa, L Bam

The court held that the settlement agreement applied only to the seven cases expressly listed in clause 1, which were pending at the time of the agreement. Case No. 2996/17 was not included in the list, and the wording of clause 1 was intended to identify and isolate the cases covered, not merely the parties. The omission of Case No. 2996/17 was deliberate, as it had already reached judgment and payment of the principal amount, with only costs outstanding. The court found that the parties intended to exclude concluded matters from the settlement, and the costs order in Case No. 2996/17 remain…

Source excerpt

• Interpretation Of Settlement Agreement
• Writ Of Execution
• Liquidation Costs
• Finality Of Proceedings

M.J.T v K.T (Reasons) (2023-065213)

M.J.T v K.T (Reasons) (2023-065213) [2023] ZAGPPHC 1148 (12 September 2023)

Court

North Gauteng High Court, Pretoria

Case number

2023-065213

Judge

P J M Mogotsi

The High Court dismissed an application to relocate a minor child to Canada, holding that the settlement clause concerned travel consent, not primary residence, and awarded punitive costs.

• Relocation Of Minor Child
• Interpretation Of Settlement Agreement
• Primary Residence
• Best Interests Of Child
• Child-relocation
• Minor-child

J.M.G.W v M.J.W and Another (6034/2016)

J.M.G.W v M.J.W and Another (6034/2016) [2023] ZAWCHC 201 (11 August 2023)

Court

Western Cape High Court, Cape Town

Case number

6034/2016

Judge

K Hofmeyr

The High Court granted condonation, set aside a warrant of execution and attachment, and ordered costs against the respondent on the postponed and condonation matters.

• Maintenance Enforcement
• Condonation Of Late Filing
• Interpretation Of Settlement Agreement
• Warrant Of Execution
• Costs Orders
• Condonation

S.P v S.P (6700/2018)

S.P v S.P (6700/2018) [2023] ZAWCHC 158 (30 June 2023)

Court

Western Cape High Court, Cape Town

Case number

6700/2018

Judge

Mantame

The court found that the reference to the Addendum dated 20 November 2009 in the 2018 order was a patent error, as the intention was to terminate the respondent's guardianship rights, which are addressed in the Addendum dated 18 September 2009. The court held that it was empowered under Rule 42(1) to vary the order to correct the error. Regarding maintenance, the court interpreted the agreements contextually, finding that the reduction to R10,000 referred to maintenance per child per month, not collectively for both children. The respondent's argument that his maintenance obligations were ter…

Source excerpt

• Sole Guardianship
• Maintenance Obligations
• Variation Of Court Order
• Parenting Plan
• Interpretation Of Settlement Agreement

L.T v P.E.T (14994/2013)

L.T v P.E.T (14994/2013) [2023] ZAGPJHC 273 (15 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

14994/2013

Judge

Wanless

The court held that maintenance under the settlement agreement began on 1 January 2017, after the company’s winding-up order, and awarded arrears plus costs.

• Maintenance Obligation
• Interpretation Of Settlement Agreement
• Arrear Maintenance
• Divorce Settlement
• Contractual Interpretation
• Maintenance

J.A v R.A (3348/2019)

J.A v R.A (3348/2019) [2022] ZAFSHC 31 (28 February 2022)

Court

Free State High Court, Bloemfontein

Case number

3348/2019

Judge

Matshaya

The High Court set aside a writ of execution because the parties disputed the meaning of divorce settlement clauses affecting the division of sale proceeds.

• Writ Of Execution
• Divorce Settlement
• Interpretation Of Settlement Agreement
• Distribution Of Property
• Judgment Debt
• Rectification Proceedings

Z.V v Governement Employees Pension Fund (GEPF) and Another (1286/2020)

Z.V v Governement Employees Pension Fund (GEPF) and Another (1286/2020) [2021] ZAECPEHC 62 (7 December 2021)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1286/2020

Judge

G.G. Goosen

The court found that the language of the settlement agreement was clear and unambiguous: the applicant was to receive a nett amount of R1 750 000 from the second respondent's pension interest, with the tax liability to be borne by the second respondent. The first respondent's deduction of tax from the amount payable to the applicant was contrary to the agreement and the court order. The court rejected the argument that the order was unlawful or sanctioned non-payment of tax, holding that the arrangement for the second respondent to bear the tax liability was permissible under the Income Tax A…

Source excerpt

• Divorce Settlement
• Pension Interest
• Interpretation Of Settlement Agreement
• Income Tax Liability

Keswa and Another v Subscan (Pty) Ltd (JS272/20)

Keswa and Another v Subscan (Pty) Ltd (JS272/20) [2021] ZALCJHB 230 (12 August 2021)

Court

Labour Court Johannesburg

Case number

JS272/20

Judge

Mosebo

The Labour Court dismissed a condonation application for late referral because the underlying unfair dismissal dispute had already been settled by agreement.

• Condonation For Late Referral
• Settlement Agreement Enforcement
• Unfair Dismissal
• Interpretation Of Settlement Agreement
• Condonation-for-late-referral
• Settlement-agreement-enforcement

C B and Another v H B (1324/2019)

C B and Another v H B (1324/2019) [2020] ZASCA 178; 2021 (6) SA 332 (SCA) (18 December 2020)

Court

Supreme Court of Appeal

Case number

1324/2019

Judges

Van der Merwe, Mocumie, Makgoka, Ledwaba, Eksteen

The SCA held that a church blessing ceremony was not a remarriage under the divorce settlement and set aside contempt and de bonis propriis costs orders.

• Maintenance Obligation
• Interpretation Of Settlement Agreement
• Remarriage Clause
• Cohabitation
• Costs De Bonis Propriis
• Family-law