Can a private settlement agreement be “clothed” with the authority of a court order even if no action or application was instituted? This question has practical importance: parties often wish to enforce settlement terms as if they were court judgments, avoiding the time and expense of a full trial. In South Africa and Namibia, however, the current legal position is that courts will generally not grant such an application. Recent judgments have clarified that a settlement agreement cannot be made an order of court if it wasn’t concluded in the context of pending litigation.
In the realm of lease agreements, the concept of tacit relocation often arises when a tenant remains in occupation of leased premises after the expiration of the lease, and the landlord does not object. This legal principle can have significant implications for both landlords and tenants, particularly in determining the nature of the continued occupation and the applicable legal framework.
In a landmark ruling in the matter of Socotra Island Investments v Commissioner of Inland Revenue, the Namibian High Court confirmed the admissibility of electronic bank printouts as proof of the correctness or truth thereof, as provided for in the Electronic Transactions Act 4 of 2019.