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Ntsiko v Commission for Conciliation, Mediation and Arbitration and Others (PR 161/20) [2022] ZALCPE 32 (11 November 2022)
The Labour Court granted condonation for a late review but dismissed an application to set aside a settlement agreement as vague or unenforceable.
Gourlay v Canoa Kwazulu Natal (Pty) Limited t/a Canon Office Automation (AR 305/07) [2007] ZAKZHC 30; [2008] 2 All SA 194 (N) (2 November 2007)
The court found that the agreement concluded between the parties was a valid compromise of their dispute regarding the appellant's entitlement to commission. The appellant's defences, which relied on his motives for signing the agreement and the merits of the underlying dispute, were rejected as impermissible in law. The evidence did not support a finding of undue influence, as the appellant had ample opportunity to consider the agreement and was not coerced by the respondent. The court further held that, although the agreement was not perfectly drafted, its essential terms were clear: the ap…
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Bophela v Insam Mining & Financial Close Corporation (J36/98) [2000] ZALC 35 (25 May 2000)
The court found that the settlement agreement was too vague to be enforced as an order of court. The agreement did not specify the amount payable, and was merely an undertaking to act in a certain manner. The applicant failed to quantify the alleged outstanding amount, and the respondent had already paid R1,197.00, which it considered to be the full settlement. The court held that a writ could not be issued on the basis of such an agreement, and it was not competent for the court to vary the agreement or determine the amount due based on evidence from the bar. The agreement was declared void…
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