John Walker Pools v Consolidated Aone Trade & Invest 6 (Pty) Ltd (in liquidation) and Another [2018] ZASCA 12 (8 March 2018)
Tuesday, 22 May 2018
BACKGROUND In this matter, an eviction order of the KwaZulu-Natal Division, Pietermaritzburg (the “Court a Quo”) was granted against John Walker Pools (Pty) Ltd (“JWP”). In terms of the eviction order JWP were to be ejected from occupying the shop premises. The Court a Quo dismissed JWP’s application for leave to appeal. Subsequently, the application
No Comments
Nkosi v Minister of Justice and Correctional Services and Others (00028-2018) [2018] ZAGPJHC 3 (5 January 2018)
Tuesday, 22 May 2018
SUMMARY The Applicant was a prisoner, who had been convicted of multiple offences, inter alia, murder and robbery with aggravating circumstances. The Applicant had served 15 (Fifteen) years of his life sentence and would be considered for parole only on or about 10 April 2019. On 28 December 2017, the Applicant’s mother passed away
- Published in 2018, Administrative Law, Criminal Law
Basson and Another v Reddy and Others (11695/2017) [2018] ZAKZDHC 9 (20 April 2018))
Monday, 21 May 2018
SUMMARY The First and Second Applicants, were the owners of a property situated in Chiltern Hills, Kwazulu Natal (“the Property”). On 22 June 2016 the Applicants entered into an agreement with the First and Second Respondent (hereinafter the Respondents) for the purchase and sale of the Property. Clause 1.5 of the contract of sale required
- Published in News, 2018, Property Law
ABET Inspection Engineering (Pty) Ltd v The Petroleum Oil and Gas Corporation of South Africa and Another (A280/2017) [2018] ZAWCHC 7 (1 February 2018)
Saturday, 12 May 2018
SUMMARY Vumela Industrial Consultancy (Pty) Ltd (“Vumela”) successfully tendered for a contract for the provision of quality control and approved inspection authority services for PetroSA, being an organ of state (“the Contract”). Vumela had obtained the highest score in the tender evaluation process and offered a tender price that was R4.6 million lower than that
- Published in 2018, Administrative Law, News
Ocean Echo Properties 327 CC and Another v Old Mutual Life Assurance Company (South Africa) Limited (288/2017) [2018] ZASCA 9 (1 March 2018)
Thursday, 10 May 2018
SUMMARY Ocean Echoes (the first appellant) and Old Mutual (the respondent) entered into a lease agreement for the rental of business premises. Angelo Giannaros (the second appellant) bound himself as surety and co-principal debtor with the first appellant. The respondent issued summons against the first and second applicant, asserting that the first appellant was in
- Published in 2018, Contract Law
Mandela v Executors Estate Late Nelson Rolihlahla Mandela and Others (131/17) [2018] ZASCA 2 (19 January 2018)
Thursday, 10 May 2018
BACKGROUND On 5 December 2013, Mr Nelson Rolihlahla Mandela (“Mr Mandela”) passed on and left behind a Last Will and Testament (the “Will”) in which he bequeathed his property to his Family Trust. This property was donated to Mr Mandela by the Minister of Land Affairs (the “Third Respondent”) during the time when a final
- Published in 2018, Estates and Trusts, News, Property Law
South African Airways (SOC) Ltd v The Commission for Conciliation, Mediation and Arbitration and Others ZALCJHB [January 2018]
Thursday, 10 May 2018
SUMMARY The Applicant, South African Airways (SOC) Ltd (hereinafter referred to as “SAA”), the employer of the Third Respondent Matebogo Thipe (hereinafter referred to as “Thipe”) sought a review of an arbitration award granted by the Commission for Conciliation, Mediation and Arbitration (the “CCMA”) in favour of Thipe in 2014. Thipe had been dismissed by
- Published in 2018, Dispute Resolution, Labour Law, News
ABC (Pty) Ltd v Commissioner for the SA Revenue Service (0038/2015) [2016] ZATC 2 (4 March 2016)
Wednesday, 09 May 2018
BACKGROUND In May 2014, the South African Revenue Service (“SARS”) audited a taxpayer (the appellant) and assessments were raised against the taxpayer in or during December 2014. The taxpayer lodged an objection against these assessments on 5 June 2015, despite the fact that the taxpayer was obliged to lodge said objection within 30 (Thirty) business
Mobile Telephone Networks (Pty) Ltd and Another v Spilhaus Property Holdings (Pty) Ltd and Others (208/2017) [2018] ZASCA 16 (15 March 2018)
Wednesday, 09 May 2018
SUMMARY Erf 377 Constantia was owned by the second appellant, Alphen Farm Estate in Constantia (Pty) Ltd (Alphen). Erf 377 Constantia was then subdivided and two precincts were established, a historic precinct and a residential precinct. Alphen remains the owner of the historic precinct which is comprised of sections 1 and 2 of the sectional
- Published in 2018, News, Property Law
Mashego v Cellier No and Others (2016) 37 ILJ 994 (LC)
Wednesday, 09 May 2018
SUMMARY The applicant, Mr Mashego, was dismissed for alleged misconduct. In response thereto, he referred an unfair dismissal dispute to the Commission for Conciliation, Mediation and Arbitration (“the CCMA”). The matter remained unresolved at conciliation and, as a result, the applicant referred his case to arbitration, which came before the first respondent in his capacity
- Published in 2018, Labour Law, News
