Slabbert v MEC for Health and Social Development of Gauteng Provincial Government (432 of 2016) [2016] ZASCA 157 (3 October 2016)

Civil procedure – rescission of compromise agreements made
orders of court – State Attorney’s ostensible authority – State Attorney conceding
merits and tendering quantum against the Minister of Police – grounds for
rescission of compromise agreements under common law are only fraud, justus
error or any other just cause – compromise agreements must also be grounded

2
on the principles of legality and the rule of law which outweigh ostensible
authority - where the conduct of the State Attorney results in the subversion of
the administration of justice – court orders embodying underlying compromise
agreements rescinded.

Criminal law – malicious prosecution – whether the Supreme Court of Appeal (the SCA) may interfere with the order of the Limpopo Division of the High Court, Polokwane (the full court), awarding the first respondent damages, against the appellant, in a claim for malicious prosecution against the appellant – held – the full court committed a misdirection on the facts – the SCA is therefore at large to interfere with the full court’s award of general damages.