Dong v National Commissioner of Police and Another (32212/2020) [2020] ZAGPPHC 425 (27 August 2020)

Case summary written by Megan Brook and checked by Danmari Duguid BACKGROUND FACTS On 15 July 2020, members of the South African Police Service (the “SAPS”) arrested an employee of Meimei Dong (the “Applicant”) for allegedly contravening Regulation 44(1) of the Disaster Management Act 57 of 2002 (“the Act”). The said employee allegedly unlawfully sold
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South Africa Cracks Down on Revenge Porn

Written by Megan Brook, Candidate Attorney and Justin Sloane, Partner Introduction Unfortunately, far too many unkind and insensitive individuals in society today spread private and sexually explicit videos or images of their former partners or lovers to the public and other individuals with the aim of punishing or humiliating them. This is a form of
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MURRAY AND ROBERTS (PTY) LTD V COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION AND OTHERS (JA40/2018) [2019] ZALAC 58

Case summary written by Megan Brook and checked by Simone Jansen van Rensburg Background facts The members of the Association of Mineworkers and Construction Union (“AMCU”) referred a dispute to the Commission for Conciliation, Mediation and Arbitration (“CCMA”) against their employer, Murray and Roberts (Pty) Ltd (“Appellant”) in pursuit of being granted organisational rights.  First
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Freedom of Religion South Africa v Minister of Justice and Constitutional Development and Others 2019 (11) BCLR 1321 (CC)

By Megan Brook and checked by Jayna Hira Main issue The constitutional validity of reasonable and moderate chastisement by a parent to their child. Background The matter began as a trial of assault with intent to do grievous bodily harm in the Johannesburg Magistrates Court whereby a father abused his 13 (thirteen) year old son
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B-BBEE FRONTING

By Megan Brook, Candidate Attorney and Justin Sloane, Partner       Introduction South Africa has one of the most unequal societies in the world due to its racially segregated past. The Constitution of the Republic of South Africa, 1996 (“The Constitution”) places a duty on our law-makers to put in place measures, legislative and
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Aquarius Platinum (SA) (Pty)v Bonene and Others [2020] 2 All SA 323 (SCA)

By Megan Brook and checked by Jayna Hira Background Aquarius Platinum (Pty) Ltd (“the Appellant”) contracted Murray & Roberts Cementation (Pty) Ltd (“MRC”) to complete mining operations at the Kroondal Platinum Mine on a farm situated in the North West Province (“the farm”) as well as on the Marikana Platinum Mine. The 1st to 167th
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CD & MD v Department of Social Development (5570/2020) WCHC (14 April 2020)

BACKGROUND The Applicants are the biological parents of two minor children (“the children”) who, by virtue of their divorce, are co-holders of parental responsibilities and rights in terms of the Children’s Act 38 of 2005 (“the Children’s Act”). Due to the outbreak of Covid-19, or the Corona virus, the South African Government declared a nationwide
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Ndzimande and Others v Didben N.O and Others (JR 1404/14) [2019] ZALCJHB 73

BACKGROUND Joseph Ndzimande and two others (the “Applicants”) were dismissed from the employ of Xstrata (the “Third Respondent”) on the grounds that they brought the Third Respondent into disrepute after allegedly making false and defamatory statements in an interview that aired on 3 (three) SABC radio stations during a march embarked upon by employees of
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