Tag: settlement agreement

The nature of guarantees has once again been dealt with decisively by the Supreme Court of Appeal (SCA) this time in the matter between Bonifacio and another vs Lombard (Bonifacio). A guarantee is an obligation to make payment upon the occurrence of an event.

A recent Labour Court matter, Independent Municipal & Allied Trade Union on Behalf of Espach v Polokwane Local Municipality (2024) 45 ILJ 308 (LC) involved an application that was made under Section 158(1)(c) of the Labour Relations Act (LRA) 66 of 1995. The case involved an applicant who was employed by the municipality.

There is no longer space to think of the accountant in the traditional sense. The role, responsibility and professional competence of an accountant has grown significantly in the modern era with the profession branching into blockchain, Artificial Intelligence (AI) and the likes, with limitless reach across the globe by means of ever improving technology.

In many cases when employers hire executive level, management or key employees, there is a recognition that these hires can impact the success of the business, due to the individual's recognition in their industry, or knowledge and experience, or client and customer relationships, or a combination of all of these qualities.

The Supreme Court of Appeal, in Pelham Stephanus Bothma and Others v Tertius Bothma N.O and Another (Case number 748/2019) [2021] ZASCA 46 (15 April 2021), re-affirmed the position regarding the interpretation of legal documents, re-stating the principle that only admissible evidence of context, conservatively applied, may be led in resolving an interpretation dispute.

Although the official statistics for South Africa’s divorce rate during COVID-19 are yet be released, globally, the pandemic sent divorce rates soaring by up to 30% or more during 2020. According to DIY Legal, South Africa ranks in 83rd place out of 154 countries for divorce. 

The R7.1million claim that was recently filed against Woolworths, after a customer stumbled and fell over a packing crate, once again brings the growing liability risks faced by South African businesses into focus. Personal injury claims are increasing in severity with each passing year. Looking at our own statistics, the average intimated values for personal injury (slip-and-trip) claims have risen from R172,600 to R270,690 between 2016 and 2018.

The Supreme Court of Appeal has reaffirmed the principle that where a party alleges that a compromise (settlement) has been effected in an exchange of correspondence it must be proved that the offer of compromise was accepted. The acceptance must be absolute, unconditional and identical with the offer. Otherwise there is no consensus and no settlement.