Kunene and Others v Minister of Police (260/2020) [2021] ZASCA 76 (10 June 2021)

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agreements rescinded.