Preview · page 1Businesses, landlords, employers and individuals ending a dispute without court
Settlement Agreement
Settle a dispute in full and final settlement: amount, payment dates, what each side gives up and what happens on default.
Quick answer
A settlement agreement is a written agreement used by businesses, landlords, employers and individuals ending a dispute without court in South Africa. This template covers background to the dispute, settlement amount and payment dates, full and final settlement (no admission of liability), breach: full claim revives / acceleration and more, drafted with POPIA, the CPA and the ECT Act in mind.
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What's inside
- 01Background to the dispute
- 02Settlement amount and payment dates
- 03Full and final settlement (no admission of liability)
- 04Breach: full claim revives / acceleration
- 05May be made an order of court
- 06Confidentiality
- 07POPIA clause
Good to know
Is a settlement agreement binding in South Africa?+
Yes. Once signed, it replaces the original dispute and can be enforced like any contract, or made an order of court.
Can I settle a CCMA case with this?+
Employment disputes at the CCMA are usually settled on the CCMA's own settlement form during conciliation, which can be enforced like an award. Use this template for private settlements.
What does full and final settlement mean?+
It means that once the agreed terms are performed, neither party can claim anything further about that dispute.
What happens if the other side breaks a settlement agreement?+
You can enforce the settlement, and with a breach clause you can claim the full balance immediately or, if the agreement allows it, revive your original claim.
Can a settlement agreement be made an order of court?+
Yes. If the parties agree, a court can make it an order, which makes enforcement faster.
Is this legal advice?+
No. It's a professionally structured starting point. For high-value or unusual deals, have an attorney review your completed document.
