South Africa Case Law

Calasca Trading 114 (Pty) Ltd and Another v Rhondo Industrial (Pty) Ltd and Another (026912/2022)

Calasca Trading 114 (Pty) Ltd and Another v Rhondo Industrial (Pty) Ltd and Another (026912/2022) [2025] ZAGPJHC 773 (13 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

026912/2022

Judge

S D J Wilson

The court found that the oral agreement reached in October 2021 and memorialised in the 4 November 2021 email was an agreement between Mr. Glen Fine and Mr. Berger personally to share equally any amount recovered from Mr. David Fine. The context, conduct of the parties, and the evidence presented demonstrated that the individuals did not distinguish between themselves and their companies in the operation of the joint venture. The money recovered from Mr. David Fine was paid into Mr. Berger's personal account, further supporting the conclusion that the agreement bound the individuals. The cour…

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• Joint Venture Dispute
• Contractual Interpretation
• Personal Liability
• Misjoinder
• Settlement Agreement

Lifestyle Hospitality CC v Vesperdene Mews Body Corporate (3644/22)

Lifestyle Hospitality CC v Vesperdene Mews Body Corporate (3644/22) [2025] ZAWCHC 332 (5 August 2025)

Court

Western Cape High Court, Cape Town

Case number

3644/22

Judge

Bosch

The court found that the issues raised by the special pleas of prescription and settlement are not sufficiently discrete from the merits of the main action. There is a substantial risk of overlapping evidence, duplication, and potential delays, especially given the ongoing nature of the alleged nuisance and the possibility of appeals. The evidence required for the special pleas would likely be relevant to the merits, and separating them would not result in significant savings of time or costs. The court exercised its discretion to refuse the separation, concluding that it would not be conveni…

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• Separation Of Issues
• Rule 33 4
• Prescription
• Settlement Agreement
• Standing
• Nuisance

Slim B and D Construction (Pty) Ltd v Caterpillar Financial Services (Pty) Ltd (105847/2024)

Slim B and D Construction (Pty) Ltd v Caterpillar Financial Services (Pty) Ltd (105847/2024) [2025] ZAGPPHC 780 (4 August 2025)

Court

North Gauteng High Court, Pretoria

Case number

105847/2024

Judge

MP Kumalo

The court held that the respondent was bound by its settlement offer and ordered transfer of the equipment to the applicant, rejecting the unilateral mistake defence.

• Instalment Sale Agreement
• Unilateral Mistake
• Ownership Transfer
• Settlement Agreement
• Unilateral-mistake
• Settlement-agreements

B.B.Y. v A.A.B.Y. (2022/17297)

B.B.Y. v A.A.B.Y. (2022/17297) [2025] ZAGPJHC 747 (25 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/17297

Judge

E Raubenheimer

The High Court found a party in contempt for failing to comply with divorce and maintenance orders, rejected a Get-based conditionality defence, and suspended imprisonment on compliance.

• Maintenance Enforcement
• Contempt Of Court
• Settlement Agreement
• Impossibility Of Performance
• Variation Of Contact
• Reduction Of Maintenance

Matjhabeng Local Municipality v Van der Heever (4194/2022)

Matjhabeng Local Municipality v Van der Heever (4194/2022) [2025] ZAFSHC 218 (18 July 2025)

Court

Free State High Court, Bloemfontein

Case number

4194/2022

Judges

Opperman, Daffue

The court held that the settlement agreement did not constitute a rebate or reduction in property rates as contemplated by section 15 of the Municipal Property Rates Act, but was a lawful debt collection arrangement under the municipality's By-Law. The municipal manager was authorised to accept lesser payments in full and final settlement of arrears. The municipality's reliance on its Credit Control and Debt Collection Policy was procedurally irregular and unsupported by the record. The delay in bringing the review application was unreasonable and prejudicial to the respondent and other parti…

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• Municipal Debt Collection
• Settlement Agreement
• Authority Of Municipal Manager
• Rebate Vs Debt Management
• Unreasonable Delay In Review
• Pacta Sunt Servanda

Mabundla v Bollore Logistics (J1038/23)

Mabundla v Bollore Logistics (J1038/23) [2025] ZALCJHB 318 (10 July 2025)

Court

Labour Court Johannesburg

Case number

J1038/23

Judge

M Makhura

The Labour Court found that the jurisdictional requirements for making the settlement agreement an order of court under section 158(1)(c) and 158(1A) of the LRA were satisfied. However, the respondent had already complied with the terms of the agreement by paying the applicant the full amount of R150,000.00, as evidenced by proof of payment and the applicant's own concession. As a result, granting the application would have no practical effect, as the agreement had been fully performed. The applicant's claim for additional money was irrelevant to the present application and should be pursued…

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• Settlement Agreement
• Section 158 1 C Lra
• Jurisdictional Preconditions
• Enforcement Of Settlement
• Practical Effect
• Proof Of Payment

Nedbank Limited v Matthys Johannes Lourens Wessels NO and Others (6626/2024)

Nedbank Limited v Matthys Johannes Lourens Wessels NO and Others (6626/2024) [2025] ZAFSHC 211 (10 July 2025)

Court

Free State High Court, Bloemfontein

Case number

6626/2024

Judge

Ntanga AJ

The High Court refused summary judgment, holding that the defendants raised a bona fide and triable defence based on alleged payments extinguishing the debt.

• Summary Judgment
• Suretyship
• Settlement Agreement
• Extinguishment Of Debt
• Leave To Defend
• Summary-judgment

Gottlieb v Procure Genii (Pty) Ltd (D131/2022)

Gottlieb v Procure Genii (Pty) Ltd (D131/2022) [2025] ZALCD 22 (1 July 2025)

Court

Labour Court Durban

Case number

D131/2022

Judge

K Allen-Yaman

The Labour Court held that a CCMA settlement covered only severance pay, not all dismissal-related claims. The respondent’s res judicata/lis pendens point was dismissed.

• Settlement Agreement
• Res Judicata
• Lis Pendens
• Unfair Dismissal
• Severance Pay
• Labour-law

Zwane v Nqatshana Holdings (Pty) Ltd (JS04/2025)

Zwane v Nqatshana Holdings (Pty) Ltd (JS04/2025) [2025] ZALCJHB 220 (13 June 2025)

Court

Labour Court Johannesburg

Case number

JS04/2025

Judge

W Kruger

The Labour Court dismissed a special plea of res judicata, finding the applicant was not a party to the settlement agreement relied on by the respondent.

• Res Judicata
• Settlement Agreement
• Unfair Dismissal
• Severance Pay
• Section 189 Lra
• Res-judicata

Absa v Lezmin 2815 CC (906/2024)

Absa v Lezmin 2815 CC (906/2024) [2025] ZAFSHC 172 (11 June 2025)

Court

Free State High Court, Bloemfontein

Case number

906/2024

Judge

Molitsoane

The court found that the respondent's reliance on res judicata was misplaced, as the previous settlement agreement only resolved the earlier liquidation application and did not preclude the applicant from seeking liquidation in the event of subsequent non-compliance. The respondent admitted its indebtedness in multiple agreements, and its dispute related only to the quantification of the debt, not the existence of the debt itself. The respondent failed to provide credible evidence of liquidity, relying on unaudited financial statements and unsubstantiated claims of future income. The court wa…

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• Final Liquidation
• Commercial Insolvency
• Res Judicata
• Settlement Agreement
• Quantification Of Debt