Case summary written by Celeste Frank and checked by Jordan Dias. 26 April 2021 Background Pieter Hendrik Strydom N.O. and Amelia Strecker N.O. (“the Plaintiffs”), in their capacities as the joint liquidators of DexGroup (Pty) Ltd (in liquidation) (“the Company”) instituted claims against Snowball Wealth (Pty) Ltd and Messrs Chou, Zhang and Rabinowitz (“the Defendants”),
Case summary written by Elani Vogel and checked by Courtney Altmuner 24 March 2021 Background During 2019, the AmaBhungane Centre for Investigative Journalism NPC, an independent, non-profit newsroom based in South Africa (“the centre”), and Mr Sam Sole, an executive director of the Centre and journalist, who had been the subject of state surveillance (“the
CLE written by Elani Vogel and checked by Loyiso Bavuma 19 February 2021 Introduction This CLE comprises two cases, both focusing on trademark infringement in terms of s34(1)(a) and (c) of the Trade Marks Act 194 of 1993 (“the Act”). The applicant in both cases is Golden Fried Chicken (Pty) Ltd, trading as the well-known
Case summary written by Elani Vogel and checked by Stefan Bezuidenhout 27 October 2020 BACKGROUND The University of Pretoria Law Clinic (“the Appellant”), among others, brought an application challenging the constitutional validity of section 10 of the Births and Deaths Registration Act (“the Act”) in the Court a quo, which application was dismissed in a

Centre for Child Law

REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA, EASTERN CAPE DIVISION, GRAHAMSTOWN CASE NO: CA 319/2018
By Elani Vogel, Candidate Attorney and Justin Sloane, Partner Introduction There is no disputing that we currently find ourselves in a dire economic climate – a climate in which one can easily understand why a scheme selling the idea of ‘quick money’ would gain traction among those who are desperate for a better life. Unfortunately,

Van der Walt v S [2020] ZACC 19

Case summary written by Elani Vogel and checked by Stefan Bezuidenhout Background In 2016, Dr Danie Van der Walt (“the Applicant”), an obstetrician and gynaecologist practising in the Witbank area, was convicted by the Regional Court of culpable homicide and sentenced to 5 years imprisonment on the basis that he acted negligently in the care
By Elani Vogel and checked by Wesley Pons           Background In this matter, Café Chameleon, a Cape Town based restaurant (“the Applicant”), approached the Western Cape High Court on an urgent basis for a declaratory order that its insurance company, Guardrisk Insurance Company  (“the Respondent”), is obliged to indemnify it as a
By Elani Vogel, Candidate Attorney and Justin Sloane, Partner Introduction The purpose of this article is to provide the reader with a basic overview and understanding of the remedies against domestic violence and harassment. On 13 May 2020, President Cyril Ramaphosa noted during his address to the nation that, during the period of the National
By Elani Vogel, Candidate Attorney and Dominique Lloyd, Senior Associate Introduction The Supreme Court of Appeal (“SCA”) judgment of Diener N.O. v Minister of Justice and Others (926/2016) [2017] ZASCA 180 has significant implications for business rescue practitioners (“BRPs”) when applying for the conversion of a business rescue into a liquidation.  Background Mr Ludwig Diener