Eke v Parsons (CCT214/14) [2015] ZACC 30 (29 September 2015) per Madlanga J (Mogoeng CJ, Moseneke DCJ, Cameron J, Froneman J, Molemela AJ and Tshiqi AJ concurring)
The Constitutional Court disallowed the appeal and held that the settlement agreement entered into between the parties, and made an order of court, was final and binding and that the aggrieved party was entitled to apply to court to enforce it in accordance with the procedure set out in the settlement agreement and order.
CC Summary:
#1Settlement agreement — status of orders made pursuant to settlement agreements — terms become an enforceable court order — finality of court orders
#2Summary judgment — Rule 32 of Uniform Rules of Court — rules governing the court process should not be disregarded — courts may depart from a strict observance of the rules in the interests of justice — substance ahead of form
#3Section 34 of the Constitution — access to court — settlement orders that exclude raising defences — defences were effectively raised — unsatisfactory assessment of defences does not amount to denial of right of access to court