AFRISAM (SA) (Pty) LTD v MALETH INVESTMENT FUND (PTY) LTD (651/2018) [2019] ZASCA 139 (01 October 2019)

SUMMARY On 4 December 2015, the Gauteng Division of the High Court, Johannesburg, granted an order that a company, Cemlock Cement (Pty) Ltd (“Cemlock”), be finally wound up with effect from 31 October 2013. The order was granted at the instance of one of Cemlock’s creditors, Maleth Investment Fund (Pty) Ltd (“Maleth”). At the time
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Standard Bank of SA v Rahme and Another (17/46904; 27740/2018; 27741/2018; 3765/2019; 11912/2018) [2019] ZAGPJHC 287 (3 September 2019)

SUMMARY Subsequent to the finding in the High Court of South Africa, Gauteng Local Division, Johannesburg (the “Court”), by Grant AJ in First Rand Bank Ltd v Excel B Shabangu & 4 Others (“First Rand Bank Ltd”) that the amendment of  Rule 32 of the Uniform Rules of Court (“Rule 32”) applies retrospectively,  Siwendu J,
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Firstrand Bank Limited v Shabangu and Others; Mahomed v Road Accident Fund and Others (2018/43336; 284/2019) [2019] ZAGPJHC 267 (16 August 2019)

BACKGROUND AND SUMMARY Rule 32 of the Uniform Rules of Court (“Rule 32”), which governs the summary judgment procedure, was recently amended with effect from 1 July 2019. The substantive amendments included, inter alia: a plaintiff cannot make an application for summary judgment until such time as the defendant has delivered its plea; and a
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Merchant West (Pty) Ltd v Cell C (Pty) Ltd (17/22900) [2019] ZAGPJHC 26 (7 February 2019)

BACKGROUND AND SUMMARY The application involves the interpretation of a lease agreement (“the lease agreement”) between Merchant West (Pty) Ltd (“the Applicant”) and Cell C (Pty) Ltd (“the Respondent”). The lease agreement was made up of a Master Rental Agreement (“the MRA”) concluded on 19 December 2013, a side letter dated 4 December 2013 and
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Schrenk v Levy N.O and Others (C15/17) [2019] ZALC 7 (23 April 2019)

BACKGROUND AND SUMMARY This case involves an opposed application reviewing an arbitration award issued by Emma Levy N.O. (“the Arbitrator”).   Schrenk (“the Applicant”) had been employed by Transnet Port Terminals (“the Company”) for a duration of 34 years. The Applicant was dismissed in September 2016, following allegations that he had made a racist remark
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Trustees of the Simcha Trust v Da Cruz and Others; City of Cape Town v Da Cruz and Others (CCT125/18; CCT128/18) [2019] ZACC 8 (19 February 2019)

BACKGROUND AND SUMMARY The Constitutional Court of South Africa (the “Court”) recently handed down judgment in two applications seeking leave to appeal against the judgment of the Full Court of the High Court of South Africa, Western Cape Division, Cape Town (the “High Court”). The question of law before the Court was whether or not
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