De Sousa v Technology Corporate Management (Pty) Ltd and Others; De Sousa v De Sousa and Another (40036/16; 35926/16) [2018] ZAGPJHC 445 (23 February 2018)

BACKGROUND Luis Vaz De Sousa (“Luis”) and Sharon Vaz De Sousa (“Sharon”) were married in community of property. Luis was the registered shareholder of 30% of the shares in Technology Corporate Management (Pty) Ltd (“TCM”). In 2015, Luis and Sharon divorced and an order of divorce was granted but the court had not divided the
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S v Mostert and Another 2010 (2) SA 586 (SCA)

SUMMARY Mr Mostert and his son (the “Appellants”), who were sugar cane farmers, charged with several offences in terms of the common law, as also contravention of the National Water Act 38 of 1998 (the “NWA”). The charges stemmed from their abstraction of water from the Lomati River. After it came to the attention of
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Enslin v Lonmin Platinum Comprising Western Platinum Limited (JS1166/13) [2018] ZALCJHB 292 (20 September 2018)

SUMMARY The factual context from which this judgment arises concerns the procedural fairness of a retrenchment dispute. The matter pivoted on the applicability of S189A of the Labour Relations Act No. 66 of 1995 (“LRA”), Mr. Wessel Enslin (“the Employee”) disputed the provisions applicability, whereas Lonmin Platinum Comprising Western Platinum Limited (“the Employer”) contended the
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Kobus Herbst, Kenneth Williams Tempitope v The Presiding Office of the Children’s Court, Johannesburg (A3025/2018) [2018] (12 November 2018)

SUMMARY This is an appeal in respect of the decision by the Children’s Court of Johannesburg in which the Appellants’ adoption application for a minor child (“M”) was dismissed. The Appellants are a same sex couple with the second appellant being a Nigerian citizen. M was placed in the care of the Appellants in terms
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Evergreen Property Investments (Pty) Ltd v Messershmidt (A409/2017) [2018] ZAGPPHC 786 (10 October 2018).

SUMMARY The appellant in this case was the owner of Evergreen Broadacres Retirement Lifestyle Village (“the Village”). The Village is a sectional titles scheme and a housing development scheme. The respondent resides in the Village, is a Life Right Owner and falls into the Phase 1 & 2 category of resident. The respondent’s complaint related
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Mlalandle v Nedbank Limited and Others (2215/2017) [2018] ZAECPEHC 36 (31 July 2018)

SUMMARY In this matter the applicant seeks to set aside a sale, by auction, of an immovable property. The applicant bases her application on the ground that the sale in execution proceeded in breach of an agreement concluded between the applicant and the first respondent. This application was opposed by the first respondent. The applicant
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Hillary Construction (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR1714/14) [2018] ZALCJHB 50 (26 January 2018)

SUMMARY The Applicant Hilary Construction (Pty) Ltd (“Hilary”) instituted review proceedings in the Labour Court, against the Commission for Conciliation, Mediation and Arbitration (the “CCMA”) as First Respondent, Mr C. Maande as Second Respondent and Ndanduleni Silima as Third Respondent in respect of Section 145 of the LRA, which relates to a perceived defect of
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S v Fosi (CA & R 238/2007) [2008] ZAECHC 57 (23 May 2008)

SUMMARY A 44-year old woman lived in a shack together with young children aged 5 and 10. On the evening of 4 June 2006, the Appellant forcibly gained entry to the premises and raped the Complainant for almost the whole evening and left the next morning. Throughout the rape, the Appellant was armed with a
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eThekwini Municipality v Mounthaven Proprietary Limited [2018] ZACC 43 (31 October 2018)

INTRODUCTION & BACKGROUND The eThekwini Municipality (the “Applicant”) sought leave to appeal against the decision of the Supreme Court of Appeal (the “SCA”) wherein the SCA unanimously confirmed the dismissal by the High Court of South Africa, KwaZulu-Natal Local Division, Durban (the “High Court”) of the Applicant’s application to compel Mountaven (Pty) Ltd (the “Respondent”)
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MEC for Economic Developmemt, Environment & Tourism v Mogahlane (JA42/2016) [2018] ZALAC 29 (31 October 2018)

BACKGROUND The MEC for Economic Development, Environment and Tourism for Limpopo Province (the “Appellant”) brought an application in terms of section 158(1)(h) of the Labour Relations Act 66 of 1995 (the “LRA”) to review and set aside the appointment of Madimetja Mogahlane (the “Respondent”) as the Senior Manager of the MEC for the abovenamed State
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