- Flynote
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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 grounded2
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agreements rescinded.
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Cited documents 15
Judgment 12
- AAA Investments (Proprietary) Limited v Micro Finance Regulatory Council and Another [2006] ZACC 9 (28 July 2006)
- Affordable Medicines Trust and Others v Minister of Health and Another [2005] ZACC 3 (11 March 2005)
- City of Tshwane Metropolitan Municipality v Afriforum and Another [2016] ZACC 19 (21 July 2016)
- Eke v Parsons [2015] ZACC 30 (29 September 2015)
- International Trade Administration Commission v SCAW South Africa (Pty) Ltd [2010] ZACC 6 (9 March 2010)
- MEC for Economic Affairs, Environment and Tourism: Eastern Cape v Kruizenga and Another (169/2009) [2010] ZASCA 58 (1 April 2010)
- Makate v Vodacom (Pty) Ltd [2016] ZACC 13 (26 April 2016)
- National Director of Public Prosecutions v King (86/2009) [2010] ZASCA 8 (8 March 2010)
- Philani-Ma-Afrika and Others v Mailula and Others (674/2008) [2009] ZASCA 115 (25 September 2009)
- Slabbert v MEC for Health and Social Development of Gauteng Provincial Government (432 of 2016) [2016] ZASCA 157 (3 October 2016)
- Stainbank v South African Apartheid Museum at Freedom Park and Another [2011] ZACC 20 (9 June 2011)
- Zuma v Democratic Alliance and Economic Freedom Fighters (1028/2019) [2021] ZASCA 39 (13 April 2021)