South Africa Case Law

Bredenkamp and Another v Bredenkamp and Others (053472/2023)

Bredenkamp and Another v Bredenkamp and Others (053472/2023) [2024] ZAGPPHC 866 (30 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

053472/2023

Judge

Holland-Muter

The court found that the main objective of the mediation agreement was the subdivision of the farm into three portions to secure Karel's tenure and residence. The subsequent proposals for further subdivision did not alter the portions to be transferred to Karel, nor did they affect his rights or impose additional obligations. The court held that Gordon's conduct did not amount to repudiation, as there was no clear and unequivocal intention not to be bound by the agreement. Any breach by Gordon was not material and did not justify rescission by Karel. Furthermore, Karel did not provide clear a…

Source excerpt

• Specific Performance
• Repudiation Of Contract
• Mediation Agreement
• Subdivision Of Agricultural Land
• Costs Order

Vaaltyn and Others v Minister of Police (481/2016)

Vaaltyn and Others v Minister of Police (481/2016) [2018] ZAECPEHC 64 (18 September 2018)

Court

Eastern Cape High Court, Port Elizabeth

Case number

481/2016

Judge

Naidu

The High Court held that the arrest and detention of four plaintiffs were lawful because police had reasonable suspicion they possessed stolen property.

• Unlawful Arrest
• Unlawful Detention
• Reasonable Suspicion
• Police Discretion
• Damages For Wrongful Arrest
• Mediation Agreement

S.V and Others v Minister of Police (481/2016)

S.V and Others v Minister of Police (481/2016) [2018] ZAECPEHC 50 (23 August 2018)

Court

Eastern Cape High Court, Port Elizabeth

Case number

481/2016

Judge

V Naidu

The court found that the plaintiffs failed to provide a credible or reasonable explanation for their possession of the vehicle battery and could not identify or locate the owner at the time of arrest. Their conduct, including dropping the battery upon seeing the police and arguing among themselves, further supported the police officers' reasonable suspicion. The mediation agreement, signed by the plaintiffs, confirmed that the owner had not given permission for the removal of the battery. The arresting officer acted within the scope of section 40(1) of the Criminal Procedure Act and section 3…

Source excerpt

• Unlawful Arrest
• Unlawful Detention
• Section 40 Criminal Procedure Act
• Section 36 Criminal Law Amendment Act
• Police Bail
• Mediation Agreement

Mogotlane v Drs Dietrich, Voight, Mia and Partners (C81/2017)

Mogotlane v Drs Dietrich, Voight, Mia and Partners (C81/2017) [2017] ZALCCT 9 (6 March 2017)

Court

Labour Court Cape Town

Case number

C81/2017

Judge

Steenkamp

Urgent application to lift a precautionary suspension was dismissed. The Labour Court held that the applicant had an adequate CCMA remedy and no irreparable harm.

• Unfair Suspension
• Urgent Interim Relief
• Mediation Agreement
• Disciplinary Hearing
• Alternative Remedy
• Compromise And Settlement