Case Note: Burger and another v Executor of the Estate of the Late Malan N.O and Others (10631/06,8951/06)[2016] ZAWCHC 3 (20 January 2016)
Tuesday, 09 February 2016
Summary This matter involves two wills. One executed by Elizabeth Magdalena Malan (“the testatrix”) on 21 May 2003 and another “the disputed will” ostensibly executed by Malan on 22 September 2004. In the earlier will, Malan bequeathed her property situated at 17 Jacoma Court, Strand (“the property”) to Jeanette Van Der Merwe, the third Defendant.
- Published in 2016, Estates and Trusts
No Comments
Case Note: Nkosi v The State (20727/14) [2015] ZASCA 125 (22 September 2015)
Monday, 08 February 2016
FAIR IS FOUL AND FOUL IS FAIR Death of an armed robber owing to dolus eventualis Summary INTRODUCTION AND BACKGROUND FACTS The appellant (“the Surviving Robber”) was convicted in the North Gauteng High Court on one count of murder, two counts of robbery with aggravating circumstances, and one count each of unlawful possession of a
- Published in 2015, Criminal Law
Case Note: South African Local Authorities Pension Fund v Mthembu & Another (20649/2015) [2015] ZASCA 205 (3 December 2015)
Friday, 05 February 2016
Summary BACKGROUND On 3 May 1997, the First Respondent became entitled to claim a child pension benefit from the Appellant on behalf of her daughter (“Mbali”), upon the death of her husband; who was a member of the Appellant. The Appellant’s Pension Fund Rules (“the Rules”) contained a clause which prohibited the granting of a
- Published in 2015, Family Law, Other
Case Note: Mathale v Linda and Another [2015] ZACC 38
Friday, 05 February 2016
Summary The Applicant unlawfully resided on a property in a township (“the Property”) and was in undisturbed possession of that Property for a period of 20 (Twenty) years. The Property was subsequently allocated and transferred to the First Respondent, by the Ekurhuleni Metropolitan Municipality (“the Second Respondent”), following the formalisation of the township. The Applicant
- Published in 2015, Property Law
Case Note: Orthocraft (Pty) t/a Advanced Hair Studios v Musindo and Another (J1636/15) [2016] ZALCJHB 12 (14 January 2016)
Wednesday, 03 February 2016
Summary The Applicant and the Second Respondent both conduct business within the cosmetics industry. The First Respondent was under the employ of the Applicant until her husband was involved in a car accident, which lead to her resignation in July 2015. The First Respondent’s employment contract contained a restraint of trade clause. Two other employees
- Published in 2016, Labour Law
A Role for Both Parents in a Child’s Life
Friday, 08 January 2016
- Published in 2016, Family Law
CASE NOTE : ELLIS AND ANOTHER V CILLIERS N.O AND OTHERS (16936/11) [2015] ZAWCHC 145 (9 October 2015)
Thursday, 07 January 2016
SUMMARY The case deals with an application which was brought to court on an urgent basis in 2011 for the restitution of the plaintiffs’ purchase price and the defendants’ property: a wooden house (the “res vendita”) due to structural defects (unlevel floors and ceiling). The Court a quo referred the matter to trial during which
- Published in 2015, Commercial Law, Conveyancing, Property Law
CASE NOTE: GRANT v CARMELITA AND OTHERS (13040/2013) [2015] ZAGPJHC 131 (19 JUNE 2015)
Monday, 04 January 2016
SUMMARY The first respondent (the mother of the minor children) and the second respondent (the father of the minor children) divorced in 2005. The first respondent was awarded primary residence over ET and IT (collectively referred to as “the minor children”). A year later the first respondent married the applicant (the adoptive father of the
- Published in 2016, Family Law
