SPECIAL TRIBUNAL OF SOUTH AFRICA
Judgment summary
Special Investigating Unit and Another v Roy's Oil & Gas CC and Others | |
URL | https://lawlibrary.org.za/index.php/za/judgment/special-tribunal-south-africa/2022/39 |
Citations | (WC 4 of 2021) [2022] ZAST 39 |
Date of judgment | 23 August 2022 |
Keyword(s):1 | Settlement agreement, special tribunal, order, claim, cause of action, instalment, debt, interest, co-operation, investigators, testify, criminal, civil, proceedings, information, breach |
Case type2 | Trial |
Result | Settlement agreement made order of court |
Flynote3 | Special Tribunal – settlement agreement – settlement agreement concluded by parties may be made an order of court |
Legislation and International Instruments4 | n/a |
Cases cited as authority5 | n/a |
Facts6 | The first plaintiff, the Special Investigating Unit (SIU), and the second plaintiff, the National Department of Public Works, (the Plaintiffs) had instituted legal proceedings against the defendants. Although the defendants opposed the proceedings, the parties eventually concluded a settlement agreement and approached the Tribunal to make the agreement an Order of Court. |
Summary7 | The Tribunal was asked to record the settlement agreement in writing and to make it an Order of Court. |
Decision/ Judgment8 | The Tribunal recorded the terms of the settlement, with each party bearing their own costs. |
Basis of the decision9 | The Tribunal ordered the defendants to pay the agreed amount into the SIU’s bank account in instalments, in full and final settlement of all the claims arising from the causes of action pleaded by the Plaintiffs in the initial proceedings. The Tribunal also imposed certain secondary conditions requiring the defendants to provide their cooperation to the SIU for the investigations being undertaken by the SIU. The Tribunal also noted that any breach of the terms of the Order of Court must be remedied within seven calendar days, failing which the total outstanding debt amount would become due and payable immediately. |
Reported by Date | African Legal Information Institute (AfricanLII) 29 August 2022 |
1 Clarify the type of issues that come up in the case.
2 Whether Trial, Application or Appeal.
3 Area of law - topic – subtopic.
4 Legislation/ International instrument title and section numbers.
5 List of cases considered to be important precedent (case name and citation).
6 Brief facts about the case (max 150 words).
7 Summary of the determination of legal questions and/or grounds of appeal (between 150-250 words).
8 A brief summary of the ruling/judgment of the court (max 100 words).
9 A 1-2 sentence summary of the basis of the decision (i.e. which legal rules were relied on).