CORRUPTION WATCH AND ANOTHER v ARMS PROCUREMENT COMMISSION AND OTHERS 2019 (10) BCLR 1218 (GP); [2019] 4 All SA 53 (GP).

BACKGROUND AND SUMMARY In casu, the court considered whether it had the power to review the findings of a judicial commission of inquiry. In the absence of any reported judgment of a South African court, the court examined comparative material. In 1997, a procurement process commenced to implement the Strategic Defence Procurement Package (“SDPP”). Through
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N H MAXTED v H M MAXTED (62488/2015)

BACKGROUND AND SUMMARY This matter is an appeal against the order granted by Opperman AJ in the North Gauteng High Court, on 30 November 2016, in terms of which a decree of divorce was granted, and an order made, concerning the proprietary claims of the respondent. The aforesaid order held that the commencement value of
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Fischer v Ubomi Ushishi Trading CC and Others 2019 (2) SA 117 (SCA).

BACKGROUND AND SUMMARY This matter considered whether a real right to a half-share in immovable property vests in a spouse, immediately after the dissolution of a marriage. More specifically, the court was tasked with determining whether the real right to the half-share in the immovable property vested in terms of a court order, incorporating a
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E v E 12583/2017; R v R 20739/2018; and M v M 5954/2018.

BACKGROUND AND SUMMARY All three of the above matters were referred to the full bench of the High Court, Gauteng Local Division. Until this judgment, parties have been limited to the type of and amount of information they may provide to the Court, consequently, matters are often dispensed with in Court due to the prolixity
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Harvey NO and Others v Crawford NO and Others 2019 (2) SA 153 (SCA)

BACKGROUND AND SUMMARY In casu, the Supreme Court of Appeal (SCA) judgment deals with the interpretation of a Notarial Deed of Trust, whereby the court was tasked with determining whether the words ‘children’, ‘descendants’, ‘legal descendants’ and ‘issue’ was intended to benefit and include ‘adoptive children’.    In this matter, a trust donor – Mr
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Diener NO v Minister of Justice and Correctional Services and Others 2019 (2) BCLR 214 (CC).

SUMMARY The Constitutional Court (“CC”) handed down its judgment in an application for leave to appeal against a judgment of the Supreme Court of Appeal (“SCA”), regarding the question as to whether a business rescue practitioner enjoys a “super preference” over all creditors, whether secured or not, during liquidation proceedings, in terms of the Companies
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