In South Africa, it is accepted practice to regulate the consequences of a divorce by means of a settlement agreement9 between the parties. In such settlement agreement, the parties agree on matters such as the division of the assets and the payment of maintenance.
Full Answer
What were the terms of the settlement agreement made?
The parties settled the dispute; the terms of their settlement agreement were made orders of court. Notably, the terms of the agreement imposed certain obligations on the Commissioner.
What does it mean to enforce a settlement agreement?
It changes the terms of a settlement agreement to an enforceable court order. The type of enforcement may be execution or contempt proceedings. Or it may take any other form permitted by the nature of the order.”
What happens when a settlement agreement becomes an order of court?
“Once a settlement agreement has been made an order of court, it is an order like any other. It will be interpreted like all court orders. … [Its] effect is to change the status of the rights and obligations between the parties.
What is the binding effect of a settlement agreement?
The Binding Effect of a Settlement Agreement. A settlement agreement is a written agreement entered into between parties in full and final settlement of a valid dispute referred to the CCMA or Bargaining Council. The effect of such an agreement is that the dispute between the parties is resolved and such an agreement may be entered ...
What is the Supreme Court's ruling in ZASCA 59?
In a contrasting judgement in April, in the matter of Compensation Solutions (Pty) Ltd v/s The Compensation Commissioner and Others ZASCA 59, the Supreme Court of Appeal delivered a scathing message to public officials: comply with court orders or else. In that case, the Supreme Court of Appeal was required to pronounce on whether the Compensation Commissioner in his personal capacity was in contempt, if so, what sanction to impose against him.
Does a settlement order have the full force of a court order?
Or it may take any other form permitted by the nature of the order.”. The Supreme Court of Appeal held that “the settlement order therefore had the full force of a court order and nothing precluded the appellant from seeking to enforce it through contempt proceedings as it has done”.
introduction
It should come as little surprise that a faltering economy is often accompanied by an increase in litigation. Struggling companies see an increase in retrenchments and performance-based terminations. Construction projects collapse midstream, leading to litigation over which parties should bear the financial burden of incomplete work.
rule 1: beware the capitalisation issue
Nearly all defendants want to make sure that they can deduct a payment as a business expense in accordance with the general deduction formula in section 11 (a) of the Act. In business litigation this is usually not a problem, but it still requires careful consideration.
rule 2: remember that fines and penalties for unlawful activities are not deductible
In the range of potential taxpayer difficulties, section 23 (o) treatment is arguably even worse than capitalisation treatment since section 23 (o) prevents any deduction The key, of course, is just what is considered a fine or penalty for unlawful activities within the scope of section 23 (o).
rule 3: beware the withholding issue
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