SONWABO DLAKIYA v THE STATE (A167/2019) [2019] ZAWCHC 159 (22 November 2019)

SUMMARY Sonwabo Dlakiya (“the Appellant”) pleaded not guilty to one count each of housebreaking with intent to rob (“count one”) and robbery with aggravating circumstances (“count two”) to which he was later convicted for by the Trial Court. The facts giving rise to the matter were as follows, the Appellant broke into the house of
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Jacoti Construction CC v PHG Group CC (6006/2017) [2019] ZAFSHC 120 (18 July 2019)

SUMMARY PHG Group CC (“the Defendant”) raised an exception to Jacoti Construction CC (“the Plaintiff’s”) Summons and Particulars of Claim based on the fact that they lacked certain averments in order to adequately sustain a cause of action.   Subsequently, the Defendant’s exception was upheld and the Plaintiff was ordered to pay costs of the
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STATE v D (CC36/2018) [2019] ZAWCHC 79 (25 June 2019)

SUMMARY This CLE will provide a practical example of how the courts, in respect of criminal matters involving serious offences, hand down their sentences. In this case, the accused, Mr D, was accused of the kidnapping, rape and murder of his 10-year-old niece. The accused was earlier convicted on the aforesaid counts in addition to
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Impossible? The Contractual Defense of Impossibility of Performance

Introduction Is there an excuse for the non-performance of duties under a legally binding contract on the basis that ‘it simply couldn’t be done’? There might be when one considers that the essentialia of a valid contract are (or ought to be) based on the assumption that the contractual obligations undertaken are physically possible to
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Sol Plaatje Municipality v South African Local Government Bargaining Council & Others (PR192/16) [2019] ZALCJHB 126 (31 May 2019)

SUMMARY The Sol Plaatje Municipality (“the Applicant”) brought an application for leave to appeal against a judgment wherein the Court dismissed its review application. The Applicant brought said application on the grounds that it believed that the Court a quo (initially the Labour Court) erred in a number of instances, in its findings relating to
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Unlocked Properties 4 (Pty) Ltd v A Commercial Properties CC (18549/2015) [2016] ZAGPJHC 373 (29 July 2016)

SUMMARY The Applicant in this matter was Unlocked Properties 4 (Pty) Ltd and A Commercial Properties CC, the Respondent, who were parties to a contract for the sale of immovable property, the Applicant being (the “Purchaser”) and the Respondent being (the “Seller”). As the contract was one of sale of immovable property, there was a
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