South Africa Case Law

Scholtz and Another v Rossouw and Another (689/2020)

Scholtz and Another v Rossouw and Another (689/2020) [2022] ZANCHC 45 (26 August 2022)

Court

Northern Cape High Court, Kimberley

Case number

689/2020

Judge

Williams

The court found that the respondents had unconditionally complied with the substantive portions of the order by making the rhinoceros available for collection and accepting payment of R120,000, which left no practical result or effect for an appeal. The order regarding the VGL information was qualified and would have no practical effect, and any claim for payment could be pursued by separate action without the need for a court order. The only remaining issue was costs, which, in terms of the Superior Courts Act, cannot alone justify an appeal. The respondents' conduct amounted to peremption o…

Source excerpt

• Leave To Appeal
• Peremption
• Reciprocal Contracts
• Urgent Application
• Costs Orders

Solidarity obo Scholtz M v Gijima Holdings (Pty) Ltd (JA131/2017)

Solidarity obo Scholtz M v Gijima Holdings (Pty) Ltd (JA131/2017) [2019] ZALAC 29; (2019) 40 ILJ 1216 (LAC); [2019] 8 BLLR 774 (LAC) (26 February 2019)

Court

Labour Appeal Court

Case number

JA131/2017

Judges

Phatshoane, Sutherland, Kathree-Setiloane

The ELISA was a reciprocal contract requiring the employee to remain in employment for 12 months following payment of the retention bonus. Mr Scholtz urged the employer to pay the bonus after notice of termination and accepted the payment, thereby binding himself to the contract's terms. The purported cancellation of the ELISA was not effective as it was not reduced to writing and signed by both parties as required by Clause 8.2. Mr Scholtz did not accept the repudiation but instead insisted on performance. The deduction of the retention bonus from his terminal remuneration was justified unde…

Source excerpt

• Unlawful Deduction
• Retention Bonus
• Reciprocal Contracts
• Breach Of Contract
• Specific Performance
• Basic Conditions Of Employment Act

Bond v Enspire Aviation (Pty) Ltd (24796/2009)

Bond v Enspire Aviation (Pty) Ltd (24796/2009) [2010] ZAWCHC 65 (3 March 2010)

Court

Western Cape High Court, Cape Town

Case number

24796/2009

Judge

Traverso

The High Court held that a variation agreement did not extinguish the applicant’s delivery obligations under the original reciprocal contract, so locus standi was not proved.

• Winding Up
• Reciprocal Contracts
• Variation Of Agreement
• Locus Standi
• Winding-up
• Reciprocal-contracts