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South Africa Case Law

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Civil Procedure [2025] ZAWCHC 58

Merchant Commercial Finance 1 (Pty) Ltd t/a Merchant Factors v Valoworx 33 CC and Others (Leave to Appeal) (16399/2023)

Merchant Commercial Finance 1 (Pty) Ltd t/a Merchant Factors v Valoworx 33 CC and Others (Leave to Appeal) (16399/2023) [2025] ZAWCHC 58 (21 February 2025)

Court
Western Cape High Court, Cape Town
Case number
16399/2023
Judge
Van den Berg, AJ

The High Court dismissed leave to appeal, finding no reasonable prospects of success in challenges to a settlement agreement and ceded suretyship.

  • Leave To Appeal
  • Settlement Agreement Validity
  • Suretyship Enforceability
  • National Credit Act Compliance
  • Leave-to-appeal
  • Settlement-agreement
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Civil Procedure [2024] ZAGPJHC 988

ERF 9[...] and 9[...] Meadowdale Pty Ltd v National Empowerment Fund and Others (2018/29383)

ERF 9[...] and 9[...] Meadowdale Pty Ltd v National Empowerment Fund and Others (2018/29383) [2024] ZAGPJHC 988 (1 October 2024)

Court
South Gauteng High Court, Johannesburg
Case number
2018/29383
Judge
Du Plessis

The High Court granted Meadowdale leave to intervene and held a settlement between the NEF and a liquidator void ab initio for lack of authority.

  • Joinder Of Parties
  • Liquidation Proceedings
  • Powers Of Liquidators
  • Settlement Agreement Validity
  • Creditor Rights
  • Joinder-of-parties
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Land And Property [2023] ZAWCHC 123

Mcmurray and Others v Heat Pump International (Pty) Ltd and Others (18501/2022)

Mcmurray and Others v Heat Pump International (Pty) Ltd and Others (18501/2022) [2023] ZAWCHC 123 (26 May 2023)

Court
Western Cape High Court, Cape Town
Case number
18501/2022
Judge
Mantame

The court dismissed a trust’s declaratory application over auction proceeds, finding the settlement agreement a nullity against a liquidated company and ordering payment to liquidators.

  • Landlords Tacit Hypothec
  • Settlement Agreement Validity
  • Liquidation And Concursus Creditorium
  • Surety Liability
  • Disposition After Winding Up
  • Preferent Creditor Claim
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Labour Law [2021] ZALAC 1

Bitou Municipality v Minister for Local Government, Environmental Affairs and Development Planning, Western Cape Provincial Govt and Others (CA14/2019)

Bitou Municipality v Minister for Local Government, Environmental Affairs and Development Planning, Western Cape Provincial Govt and Others (CA14/2019) [2021] ZALAC 1; [2021] 5 BLLR 435 (LAC); (2021) 42 ILJ 993 (LAC) (12 February 2021)

Court
Labour Appeal Court
Case number
CA14/2019
Judges
Davis JA, Coppin JA, Kathree-Setiloane AJA

The Labour Appeal Court upheld the setting aside of Bitou Municipality’s settlement and reappointment of a dismissed municipal manager, and dismissed the appeal and cross-appeal.

  • Municipal Manager Appointment
  • Settlement Agreement Validity
  • Locus Standi
  • Intergovernmental Relations
  • Financial Misconduct
  • Judgment In Rem
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Labour Law [2014] ZALCPE 37

Schroeder and Another v Pharmacare Ltd t/a Aspen Pharmacare (P341/11)

Schroeder and Another v Pharmacare Ltd t/a Aspen Pharmacare (P341/11) [2014] ZALCPE 37; [2015] 2 BLLR 168 (LC); (2015) 36 ILJ 1349 (LC) (26 November 2014)

Court
Labour Court Port Elizabeth
Case number
P341/11
Judge
Van Niekerk

The Labour Court dismissed an application to set aside mutual termination agreements, holding it lacked jurisdiction and would not remit the matter to arbitration.

  • Jurisdiction Of Labour Court
  • Mutual Termination Agreement
  • Unfair Dismissal
  • Remittal To Arbitration
  • Settlement Agreement Validity
  • Jurisdiction
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Family And Children [2014] ZAGPPHC 917

M.C.Y v P.T (8053/2013)

M.C.Y v P.T (8053/2013) [2014] ZAGPPHC 917 (5 November 2014)

Court
North Gauteng High Court, Pretoria
Case number
8053/2013
Judge
A.M.L. Phatudi

The High Court set aside a divorce decree incorporating a disputed settlement agreement, held the marriage remained out of community of property, and awarded costs.

  • Matrimonial Property Regime
  • Transkei Marriage Act
  • Settlement Agreement Validity
  • Divorce Rescission
  • Divorce-rescission
  • Settlement-agreement-validity
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Labour Law [2011] ZALCCT 44

Steele v Riga Boutique CC (C1085/2010)

Steele v Riga Boutique CC (C1085/2010) [2011] ZALCCT 44 (19 August 2011)

Court
Labour Court Cape Town
Case number
C1085/2010
Judge
Conradie AJ

The Labour Court found a material dispute about a settlement agreement’s validity and directed that the Section 77(3) BCEA matter be heard by oral evidence.

  • Settlement Agreement Validity
  • Section 77 3 Bcea
  • Dispute Of Fact
  • Jurisdiction Of Labour Court
  • Settlement-agreements
  • Oral-evidence
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.