PROTECTED DISCLOSURES ACT 26 of 2000

IntroductionThis article aims to provide a basic understanding of the Protected Disclosures Act 26 of 2000 (hereinafter “the PDA”), having particular reference to the protection afforded by the Labour Relations Act 66 of 1995 (hereinafter “the LRA”) to employees who make a disclosure to their employer. BackgroundThe preamble of the PDA recognises the presence of
Read more
No Comments

Scally v Feltra (Pty) Ltd (272/2019) [2019] ZAKZPHC 36 (11 June 2019)

SUMMARY Background Jeannette Valerie Scally (the “Applicant”) and Feltra (Pty) Ltd (the “Respondent”) concluded a sale agreement (the “Agreement”) in terms of which the Respondent would pay the full purchase price in 5 (five) instalments. The Respondent failed to effect payment of the second and remaining instalments timeously but part payments in lesser amounts were
Read more
No Comments

Kameel v Master of the High Court Bloemfontein and Another (A230/2018) [2019] ZAFSHC 129 (1 August 2019)

SUMMARY This appeal, against the decision of a single Judge, to the full bench of the High Court, dealt with authenticity of various documents executed by SS Monyane (“the deceased”), and whether they were intended to be her last will and testament. BACKGROUNDThe appellant, the deceased’s daughter, was appointed as the Master’s representative in terms
Read more
No Comments

B-BBEE – A BROAD OVERVIEW

Introduction This article aims to provide a basic overview on the workings of Broad-Based Black Economic Empowerment (hereinafter “B-BBEE”), having particular regard to the Codes of Good Practice on Broad-Based Black Economic Empowerment published in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act No. 53 of 2003 (hereinafter “the Act”), as amended
Read more
No Comments

National Home Builders’ Registration Council & Another v Xantha Properties 18 (Pty) Ltd (780/2018, 784/2018) [2019] ZASCA 96 (21 June 2019)

SUMMARY Background This appeal dealt with whether Xantha Properties 18 (Pty) Ltd (the “Respondent”), registered as a “home builder” in terms of section 1 of the Housing Consumers Protection Measures Act 95 of 1998 (the “Act”), was compelled to adhere to section 14(1) of the Act with regard to homes built only for purposes of
Read more
No Comments

Harris v Rossouw (5178/2019) [2019] ZAWCHC 75 (21 June 2019)

BACKGROUND AND SUMMARY In this case, Shaun Harris (the “Plaintiff”) sought action proceedings to recover the sum of R531 361 plus interest thereon a tempore morae. The debt arose upon the Plaintiff and Rachel Rossouw (the “Defendant”) concluding a loan agreement in terms of which repayment was due, owing and payable (the “Agreement”). The claim
Read more
No Comments

Ratlou v MAN Financial Services (1309/2017) [2019] ZASCA 49

SUMMARY During 2013 Mr Ratlou (“Ratlou”) acquired Phapo Nkone Transport (Pty) Ltd (“PNT”) together with its business. Subsequently, on 24 October 2013, he executed a deed of suretyship in favour of MAN Financial Services SA (Pty) Ltd (“MAN”) to secure a lease agreement between MAN and PNT relating to the lease of trucks and trailers.
Read more
No Comments

De Vasconcelos and Others v Business Partners Ltd (637/2018) [2019] ZASCA 80 (31 May 2019)

SUMMARY In 2009, Roberto Carlos De Freitos De Vasconcelos (the “First Appellant”) acting on behalf of Eastprop Property Trust (the “Trust”), obtained a loan purposes of raising working capital for one of his 3 close corporations which was a sham. The close corporations performed their business activities from a property owned by the Trust (the
Read more
No Comments

Tsebo Outsourcing Group v Commissioner: Silas Segole and Others (JR1163/17) [2019] ZALC 5 (30 April 2019)

SUMMARY This matter concerns the Commissioner’s (the First Respondent) award finding that the dismissal of Cecilia Senatsi, the Third Respondent, by Tsebo Outsourcing Group, the Applicant, was substantively and procedurally unfair, ordering her reinstatement. The Applicant sought an order setting aside the award. The Third Respondent was employed by the Applicant as an Assistant Catering
Read more
No Comments

Eskom Holdings SOC Limited v Masinda (1225/2018) [2019] ZASCA 98 (18 June 2019)

SUMMARY The Appellant, Eskom Holdings SOC Limited (hereinafter “Eskom”) sought an order from the Supreme Court of Appeal, determining whether the Respondent, Ms Masinda (hereinafter “Masinda”) was entitled to a spoliation order due to the disconnection of the electricity supply to Masinda’s immovable property in the Eastern Cape. Court a quoAs a result of the
Read more
No Comments