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South Africa decisions
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J v L (1274/2019) [2019] ZAFSHC 225 (29 November 2019)
The High Court held that a father was in contempt of a maintenance order for not paying the mother directly, but the arrears dispute was sent to trial.
Make Commodities (Pty) Ltd v Afrisam (South Africa) (Pty) Ltd (3071/2018) [2019] ZAGPJHC 62 (5 March 2019)
The court disallowed a plaintiff’s notice of amendment because the proposed alternative case depended on an excipiable contract-modification averment.
Nyandeni Local Municipality v MEC for Local Government and Traditional Affairs and Another (CA68/09) [2009] ZAECMHC 28; 2010 (4) SA 261 (ECM) (12 November 2009)
The court held that, although the municipal manager participated fully in the disciplinary process and only invoked the arbitration clause and entrenchment protection after dismissal, the Shifren principle generally precludes informal or oral variations of contracts containing non-variation clauses. However, the court found that strict enforcement of the entrenchment clause in this case would result in manifest unfairness and an abuse of process, as the manager sought to delay and frustrate legitimate disciplinary action for personal benefit. Public policy, as informed by constitutional value…
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