South Africa Case Law

J.V.S v M.V.S and Others (Appeal) (HCAA34/2023)

J.V.S v M.V.S and Others (Appeal) (HCAA34/2023) [2025] ZALMPPHC 101 (19 May 2025)

Court

Limpopo High Court, Polokwane

Case number

HCAA34/2023

Judges

Muller, Ngobeni, Makoti

The court found that the issue of whether the settlement agreement was void as contra bonos mores had become moot, as the agreement was no longer applicable after 2024. Regarding cancellation, the court held that the first respondent failed to pay R1,000,000 as part of the purchase price and did not remedy the breach despite demand, constituting repudiation. The appellant was entitled to cancel the agreement. The court a quo erred in finding otherwise. As for the prior order by Makgoba JP, intervening circumstances, including the sale of property by agreement and the winding up of the second…

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• Settlement Agreement Enforceability
• Maintenance Obligations
• Contract Cancellation
• Repudiation
• Public Policy
• Costs Award

Dombo Community and Others v Tshakhus Community Trust and Another (LCC194/2013)

Dombo Community and Others v Tshakhus Community Trust and Another (LCC194/2013) [2024] ZALCC 26 (7 June 2024)

Court

Land Claims Court

Case number

LCC194/2013

Judge

Ncube

Condonation was granted, but leave to appeal was refused because the applicants showed no reasonable prospects of success against the review order.

• Restitution Of Land Rights Act
• Settlement Agreement Enforceability
• Condonation For Late Filing
• Review Of Administrative Action
• Condonation
• Leave-to-appeal

A.V.W v S.V.W and Others (3118/2021)

A.V.W v S.V.W and Others (3118/2021) [2022] ZAWCHC 74 (20 April 2022)

Court

Western Cape High Court, Cape Town

Case number

3118/2021

Judge

De Wet

The court found that the first defendant raised bona fide disputes regarding the adequacy of maintenance for the minor child, the enforceability of the consent paper, and the validity of the waiver of spousal maintenance. The court emphasized its statutory duty under the Divorce Act to ensure maintenance arrangements for minor children are satisfactory and that settlement agreements in divorce matters are subject to judicial scrutiny. Given the lack of evidence to determine whether the agreement served the best interests of the minor child and the unresolved issues regarding trust property an…

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• Divorce Act
• Maintenance Of Minor Child
• Spousal Maintenance
• Settlement Agreement Enforceability
• Waiver Of Maintenance
• Trust Property In Divorce

Coessa Development Consortium (Pty) Ltd v Clarence NO and Others (1977/2019)

Coessa Development Consortium (Pty) Ltd v Clarence NO and Others (1977/2019) [2020] ZAWCHC 171 (2 December 2020)

Court

Western Cape High Court, Cape Town

Case number

1977/2019

Judge

Rogers

The High Court held that a settlement agreement over transfer of an apartment was not binding because an intended signatory, DKVG, did not sign it.

• Sectional Title Transfer
• Settlement Agreement Enforceability
• Prescription Act
• Interdict And Caveat
• Trust Property Transfer
• Sectional-title-transfer

Maluti-a-Phofung Municipality v Eskom Holdings SOC Limited and Others (2719/2020)

Maluti-a-Phofung Municipality v Eskom Holdings SOC Limited and Others (2719/2020) [2020] ZAFSHC 213 (9 October 2020)

Court

Free State High Court, Bloemfontein

Case number

2719/2020

Judge

Mhlambi

The court found that the applicant met the requirements for a final interdict. The attachment of municipal funds by Eskom, while the intergovernmental consultative process was ongoing, was premature and undermined the constitutional mandate of cooperative governance. The settlement agreement of 30 April 2019 was not invalid or unenforceable due to non-fulfilment of the alleged condition precedent; paragraph 4 of the agreement did not constitute a true suspensive or resolutive condition but was a term, breach of which attracts ordinary contractual remedies. The funds attached were primarily fo…

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• Intergovernmental Relations Framework Act
• Attachment And Execution
• Municipal Finance Management Act
• Constitutional Mandate Of Service Delivery
• Interim Interdict
• Settlement Agreement Enforceability

Trustees of the Manyeleti Conservation Trust and Another v Minister of Rural Development and Land Reform and Others (LCC100/2011)

Trustees of the Manyeleti Conservation Trust and Another v Minister of Rural Development and Land Reform and Others (LCC100/2011) [2017] ZALCC 21 (17 November 2017)

Court

Land Claims Court

Case number

LCC 100/2011

Judge

MP Canca

The court held that suspensive conditions in a land restitution settlement were not fulfilled, so the agreement had not come into force and effect.

• Restitution Of Land Rights Act
• Community Land Claims
• Verification Of Claimants
• Settlement Agreement Enforceability
• Suspensive Conditions
• Trust Management

Lujabe v Maruatona (35730/2012)

Lujabe v Maruatona (35730/2012) [2013] ZAGPJHC 66 (15 April 2013)

Court

South Gauteng High Court, Johannesburg

Case number

35730/2012

Judge

Molahlehi

The High Court dismissed a contempt application because the settlement terms made an order of court were too vague to enforce by committal.

• Contempt Of Court
• Settlement Agreement Enforceability
• Ad Factum Praestandum
• Pecunium Solvendam
• Contempt-of-court
• Settlement-agreement-enforceability

Bahre and Others v Royale Energy Ltd (73663/2010)

Bahre and Others v Royale Energy Ltd (73663/2010) [2012] ZAGPPHC 304 (23 November 2012)

Court

North Gauteng High Court, Pretoria

Case number

73663/2010

Judge

H J Fabricius

The court found that the settlement agreement was unenforceable because it did not comply with the non-variation clause of the shareholders agreement, was not signed by all required parties, and failed to meet statutory and contractual prerequisites for the acquisition of own shares by the company. The articles of association did not permit such acquisition, and no substantial majority approved the transaction as required. The applicants failed to establish the existence of a tacit term allowing variation in the context of a labour dispute, and their reliance on estoppel and public policy was…

Source excerpt

• Shareholders Agreement
• Non Variation Clause
• Company Acquisition Of Own Shares
• Settlement Agreement Enforceability
• Winding Up On Just And Equitable Ground
• Estoppel