Can a government decision maker “change its mind”?

Introduction This article considers the legalities around a governmental decision maker’s conduct in taking a decision and thereafter revoking or amending that decision – i.e. where the decision maker “changes its mind”. Decisions that affect the public In this article we are only referring to decisions of a governmental decision maker that have external legal
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S v Nyembezi (362/2017) [2018] ZAGPPHC 203 (11 April 2018)

SUMMARY Review proceedings were launched in the Gauteng Local Division, Johannesburg, before Acting Judge Phahlane, based on a number of procedural irregularities which occurred during a criminal trial, which subsequently resulted in a conviction and the imposition of a prison sentence. On 1 November 2017, in the Oberholzer Magistrate’s Court, Thuso Nyembezi (“the accused”) was,
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Rustenburg Platinum Mine v South African Equity Workers Association obo Meyer Bester and Others (CCT127/17) [2018] ZACC 13 (17 May 2018)

BACKGROUND Mr Bester, who was represented by the South African Equity Workers Association (“SAEWA”), was an employee of Rustenburg Platinum Mine (“Applicant”).  In April 2013, Mr Bester attempted to raise a parking issue with the Applicant’s Chief Safety Officer (“Mr Sedumedi”). His attempts were ignored which led to Mr Bester allegedly interrupting a safety meeting,
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Mashaba v Telkom SA (2018) 39 ILJ 1067 (LC)

SUMMARY The factual matrix from which this judgment arises concerns an Automatically Unfair Dismissal dispute. Telkom SA (“the Employer”) dismissed Mr Mashaba (“the Employee”) following an enquiry into an email containing a memorandum which was circulated by the Employee.  At the heart of the Employee’s contention was that he had been Automatically Unfairly dismissed, as contemplated
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Osborne v Cockin NO & Others (549/2017) [2018] ZASCA 58 (17 May 2018)

SUMMARY Osborne (the appellant) brought an application in the Eastern Cape High Court for the sequestration of the Cockin Trust. Shaun Cockin had committed suicide and it had come to light that he had defrauded a number of businessman, including Osborne. Osborne alleged that the Cockin Trust was nothing more than an alter ego of
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Gwadiso and Another v S (A425/2017) [2018] ZAWCHC 33 (16 March 2018)

SUMMARY On 14 January 2016, in Villiersdorp, Western Cape, the appellants stole 650 metres of copper cabling belonging to Telkom worth a value of R35,000.00, and were subsequently convicted of theft in the district court at Caledon on 13 September 2016.  On 28 February 2017, the appellants were each sentenced to 12 years imprisonment in
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Moor and Another v Tongaat-Hulett Pension Fund and Others (518/17) [2018] ZASCA 83

SUMMARY The Supreme Court of Appeal (“the SCA”) dismissed an appeal against an order of the Kwazulu-Natal Local Division of the High Court, Durban (“the High Court”), which had held that the apportionment and distribution of actuarial surplus in the amount of R363.2 million to an employer surplus account in 2012 was lawful. The Second
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Scoin Trading v Bernstein (29/10) [2010] ZASCA 160 (1 December 2010)

SUMMARY The appellant in this matter is Scoin Trading, a company that trades in coins and similar items. Gregory John Till (the deceased) was an avid coin collector who had purchased some gold coins and medallion from the appellant. During August 2007, deceased entered into an agreement with the appellant to purchase a rare ZAR
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Mostert and Others v Firstrand Bank t/a RMB Private Bank and Another (198/2017) [2018] ZASCA 54 (11 April 2018)

SUMMARY This appeal concerned section 129(3) of the National Credit Act (the NCA) and whether a default in a credit agreement can be remedied by payments made by a third party and not by, or on behalf of, the consumer itself. The First Respondent, Firstrand Bank Limited t/a RMB Private Bank (RMB), advanced R30 million
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Credit Security and Notarial Bonds

Introduction This article discusses what notarial bonds are, and how they operate as a form of credit security in terms of South African law.   What is Credit Security? When a creditor makes a loan to a debtor, the creditor does so with the hope and expectation that the debtor will repay the loan, usually
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