Friedshelf 325 (Pty) Ltd & Another v Mokwena (652/17) [2018] ZASCA 102 (5 July 2015).
Monday, 27 August 2018
SUMMARY In August 2015, Ms Mokwena (the Respondent) instituted an action in the Land Claims Court (the LCC) claiming an order that she be declared a labour tenant under the Land Reform (Labour Tenant) Act 3 of 1996 (the LTA). She further claimed that she be awarded a portion of Portion 50 of the farm
- Published in News, 2018, Labour Law
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Powell v Powell (52917/07) [2008] ZAGPHC 44 (15 February 2008)
Friday, 24 August 2018
SUMMARY In this case, the Applicant and the Respondent were married and divorced and then remarried and are again divorcing. The Applicant therefore brought the Rule 43 Application in order to determine the parental responsibilities and rights of the couple’s two minor children as well as her maintenance and that of the two minor children.
- Published in News, 2018, Family Law
Conradie v S (CCT224/17) [2018] ZACC 12; 2018 (7) BCLR 757 (CC) (25 April 2018)
Thursday, 23 August 2018
SUMMARY The Applicant was convicted on two counts of rape the Regional Magistrate’s Court and sentenced to 18 years’ imprisonment. Subsequent to sentence being handed down in the Wynberg Regional Magistrate’s Court, the Applicant was granted leave to appeal to the High Court, Western Cape Division (“High Court”) where the appeal against the convictions was
BUILDING PLANS AND VOETSTOOTS
Thursday, 23 August 2018
Introduction If you have bought a property only to realize 6 months down the line that it does not have approved building plans, this constitutes a latent defect, and you may be able to claim damages as a result. Rights related to latent defects Where a latent defect is discovered after ownership has passed to
- Published in News, 2018, Property Law
Unitrans Supply Chain Solutions (Pty) Ltd v National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI) and Others
Wednesday, 22 August 2018
SUMMARY – Background to Review This is an opposed review application of an award in which the arbitrator found that the third respondent, Mr I Juries (‘Juries’), was dismissed by the applicant (‘Unitrans’) unfairly because he did not deliberately falsify payroll information which caused a shop steward, Mr G Coetzee (‘Coetzee’), to receive additional remuneration
- Published in News, 2018, Labour Law
JOUBERT V S (642/2016) [2017] ZASCA 3; 2017 (1) SACR 497 (SCA) (3 MARCH 2017))
Monday, 20 August 2018
BACKGROUND The Appellant, an accountant by profession, was convicted in the Nelspruit Regional Court on 20 counts of fraud relating to false VAT claims made to the South African Revenue Service and was subsequently sentenced to seven years’ imprisonment, wholly suspended on certain conditions for a period of five years. The Appellant petitioned the Gauteng
- Published in News, 2018, Criminal Law, Criminal Procedure
PepsiCo v Atlantic Industries (983/16) [2017] ZASCA 109 (15 September 2017)
Monday, 20 August 2018
SUMMARY The appellant is PepsiCo Inc (Pepsi), the registered proprietor of trademark PEPSI. The respondent is Atlantic Industries (Atlantic), a subsidiary of The Coca-Cola Company and the registered proprietor of trademarks TWIST, LEMON TWIST and DIET TWIST. Both parties’ trademarks are registered in class 32 which includes ‘mineral and aerated waters and other non-alcoholic drinks’.
- Published in News, 2018, Intellectual Property, Trademarks
Pro Tempo v Van der Merwe (20853/2014) [2016] ZASCA 39; 2018 (1) SA 181 (SCA) (24 March 2016)
Friday, 17 August 2018
SUMMARY This case is an appeal from a judgment handed down by the Gauteng Division of the High Court, Pretoria. The question in this appeal is whether the Appellant, Pro Tempo Akademie CC (a close corporation which owns and operates a school for children with learning disabilities) was correctly held liable for damages sustained by
- Published in News, 2018, Criminal Law
Van Vuuren v Ethekwini Municipality 2018 (1) SA 189 (SCA)
Friday, 17 August 2018
SUMMARY High Court: Facts: John, an 8-year-old boy, had been playing on a waterslide owned by the Ethekwini Municipality (the “Respondent”). While John was sliding down the slide he was pushed by a child behind him, causing him to lose his balance which resulting in him suffering various injuries. No municipal official was controlling access
- Published in 2018, Criminal Law, News
Ikea Trading und Design AG v BOE Bank Ltd (77/2003) [2004] ZASCA 27 (1 April 2004)
Friday, 10 August 2018
SUMMARY The First Respondent, BOE Bank, was the holder of a general notarial bond over Woodlam Industries CC (“Woodlam”) which was placed into final liquidation in October 1999 and as a result, BOE Bank applied to the Eastern Cape High Court for an order that the liquidation and distribution account be amended to include the
- Published in News, 2018, Conveyancing, Notarial Law
