Case Note: Picardi Hotels Ltd v Thekwini Properties (Pty) Ltd (2008) (07/680) ZASCA 128
Monday, 03 July 2017
Summary The Appellant (Picardi Hotels Ltd) in this matter appealed against the judgment handed down with leave of the Durban High Court (the Court a quo). The Respondent (Thekwini Properties (Pty) Ltd) instituted action against the Appellant in the court a quo, claiming the payment of arrear rentals in terms of a lease agreement. In
- Published in 2017, Commercial Law, Property Law
No Comments
Case Note: Mamahule Communal Property Association and Others v Minister of Rural Development and Land Reform (CCT179/16) [2017] ZACC 12 (5 May 2017)
Monday, 03 July 2017
Summary The Constitutional Court (the “Court”) handed down judgment in an application for leave to appeal regarding the question of whether or not the Land Claims Court is empowered to adjudicate matters under the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (“PIE”). In or about May 1996, the Mamahule Community together
- Published in 2017, Property Law
Case Note: Afgri Operations Limited v Hamba Fleet (Pty) Limited (542/2016) [2017] ZASCA 24 (24 March 2017)
Monday, 03 July 2017
Summary Court a quo: In 2014 the Appellant obtained a judgment for costs against the Respondent. The Respondent failed to discharge this debt owed to the Appellant. Accordingly, the Appellant brought an application to wind up the Respondent on the basis that the Respondent was unable to pay its debts within the meaning of s
- Published in 2017, Commercial Law, Insolvency
Case Note: Nedbank Ltd v Steyn and Others 2016 (2) SA 416 (SCA)
Friday, 30 June 2017
Summary The deceased, Mr Steyn, passed away still owing money to the Applicant in terms of a loan agreement based on a fully bonded immovable property. The Second Respondent was the executrix of Mr Steyn’s estate. The Applicant claimed the money from the estate in terms of the common law. The Respondents’ argued that the
- Published in 2016, Estates and Trusts
Case Note: Eskom Holdings V CCMA and others (JR 430-15)
Friday, 23 June 2017
Summary This matter is a review application brought by Eskom (“the Applicant”), to review the conduct of Norman Mbelengwa (“the Second Respondent”), who sat as a Commissioner in the CCMA arbitration hearing of Sylvester Leiee (“the Third Respondent”), following the latter’s dismissal by the Applicant. The Applicant alleges that the Second Respondent committed gross misconduct
- Published in 2017, Labour Law
Case Note: Lyons V Skyways Body Corporate 2016 (6) SA 405 (WCC)
Thursday, 15 June 2017
Summary A sectional title scheme consisted of six four-storey buildings that each contained an elevator. Five of the six elevators were out of order for two years. The Applicant in this matter was an elderly owner of a sectional title unit of one of the aforesaid affected buildings. The Respondent was a body corporate of
- Published in 2016, Property Law
Case Note: Phillips v The State (370/2016) [2016] ZASCA 187 (1 December 2016)
Thursday, 15 June 2017
Summary The appellant, is a constable in the South African Police Service. The appellant was convicted in the Regional Court Pretoria for soliciting and accepting a bribe in terms of section 4 (1) (a) (i) (aa) and 26(1)(a) of the Prevention and Combating of Corrupt Activities Act, 12 of 2004 (the “Act”), and was sentenced
- Published in 2016, Criminal Law
Case Note: KNS Construction (Pty) Ltd v Genesis Partnership (98612016) [2016] ZAGPJHC 273 (9 September 2016)
Thursday, 15 June 2017
Summary The issue for determination was whether or not the arbitration award published on 27 January 2016 was subject to appeal. The Applicant and Respondent entered into an arbitration agreement which expressly provided that either party may appeal the award of the arbitrator to an appeal tribunal consisting of three arbitrators and furthermore, that any
- Published in 2016, Commercial Law
Case Note: Eskom Holdings V CCMA and others (JR 430-15)
Thursday, 15 June 2017
Summary This matter is a review application brought by Eskom (“the Applicant”), to review the conduct of Norman Mbelengwa (“the Second Respondent”), who sat as a Commissioner in the CCMA arbitration hearing of Sylvester Leiee (“the Third Respondent”), following the latter’s dismissal by the Applicant. The Applicant alleges that the Second Respondent committed gross misconduct
- Published in 2017, Labour Law
Case Note: Kriel v Terblanche 2002 (6) SA 132 (NCD) (15)
Wednesday, 14 June 2017
Summary The Applicant wanted to donate his farm to his grandchildren, but in order to avoid the tax implications thereof, he established a trust to which the farm was transferred. The agreement for the purchase of the farm was signed by one of the trustees prior to either of them being authorised to act as
- Published in 2016, Estates and Trusts, Tax Law
