E v E (12583/2017); R v R (20739/2018); M v M (5954/2018) [2018] (20 September 2018)
Thursday, 11 October 2018
SUMMARY The judgment pertains to three cases which relate to Rule 43(2) and (3) applications[1]. All three of the Rule 43(2) applications before the Court contained affidavits and annexures in excess of what may be strictly necessary for applications of this nature. The Court was required to determine whether the relevant affidavits deposed to by
No Comments
N v Sky Services (Pty) Ltd (JS778/15) [2018] ZALCJHB 278 (21 August 2018)
Tuesday, 09 October 2018
SUMMARY The factual background from which this judgment arises concerns an Automatically Unfair Dismissal dispute. Sky Services (Pty) Limited (“the Employer”) dismissed S N (“the Employee”) following a comprehensive enquiry into the health of the Employee in which he was declared unfit to work as a packer. At the heart of the Employee’s contention was
- Published in News, 2018, Labour Law
Pacific Paramount Properties (Pty) Ltd v Michael Adrian Burchell t/a Top Wash and Another (8418/2018) [2018] ZAWCHC 124 (19 September 2018)
Tuesday, 09 October 2018
SUMMARY Pacific Paramount Properties (Pty) Ltd (the Applicant) applied for the eviction of the Respondents from commercial premises in Camps Bay. The Western Cape High Court (the Court) considered whether the Applicant lacked the locus standi to sue for the eviction of the Respondents by virtue of a cession contained in a mortgage bond. When
- Published in News, 2018, Municipal Law, Property Law
Morudi and Others v NC Housing Services and Development Co Limited and Others [2018] ZACC 32 (25 September 2018)
Monday, 08 October 2018
SUMMARY Background A group of individuals in the Northern Cape had acquired NC Housing Services and Development Co Limited (the “Company”) that was to be utilised as a company to pursue commercial ventures in the Northern Cape. A dispute arose between Mr Mosalasuping Morudi (the “First Applicant”) and 70 other Applicants (collectively referred to as
- Published in 2018, Property Law
The Attorneys’ Fidelity Fund v Prevance Capital (Pty) Ltd (917/17) [2018] ZASCA 135
Monday, 08 October 2018
SUMMARY The issue at the centre of this appeal concerned the question as to whether the Board, which owes its existence to s 25 read with s 27 of the Attorneys’ Act 53 of 1979 (the Act), holds liability for the loss of monies deposited by Prevance, into the trust account of Mr Robert Victor
- Published in News, 2018, Legal Practice
Assmang (Pty) Ltd t/a Khumani Mine v Commission for Mediation, Arbitration and Conciliation and Others (JR2416/15) [2018] ZALCJHB 193 (24 May 2018)
Monday, 08 October 2018
SUMMARY This is a review application of an arbitration award in an unfair dismissal disciplinary dispute. Lebogang Teteme (“Third Respondent”) was employed as a drill rig supervisor and was dismissed for failing to adhere to safety working procedures. Despite other employees committing the same violation, he was singled out by the employer and dismissed. The
- Published in News, 2018, Labour Law
Zitonix (Pty) Ltd v K201250042 (South Africa) (Pty) Ltd 2018 ZASCA 63
Monday, 08 October 2018
SUMMARY The Appellant is Zitonix (Pty) Ltd, a fashion retail company which traded with several different brands, in shopping centres throughout the country. The Appellant, represented by its sole Director, Mr Marcel Joubert (“Joubert”), entered into 5 commercial leases with Old Mutual Property Management Services (Pty) Ltd, acting on behalf of K201250042 (South Africa) (Pty)
- Published in 2018, Contract Law, News
Nqayi v The State (C.A&R 16/2018) [2018] ZAECBHC 2 (1 June 2018)
Monday, 08 October 2018
SUMMARY The Appellant was charged and sentenced to undergo 36 months imprisonment for assault with intent to do grievous bodily harm for hitting the Complainant in the eye causing him to lose his eye. The Magistrate granted the appellant leave to appeal his conviction and sentence, however, the appellant was refused bail pending the appeal.
- Published in News, 2018, Bail Proceedings, Criminal Law
Dunn v Road Accident Fund (55752015) [2018] ZAKZDHC 43 (19 September 2018)
Friday, 05 October 2018
SUMMARY The Applicant (alternatively, “Dunn”) instituted action against the Road Accident Fund (“RAF”), which claim was settled on 17 August 2016. The parties agreed, inter alia, that the Applicant would receive a payment of R5 934 730.00 (Five Million Nine Hundred and Thirty Four Thousand Seven Hundred and Thirty Rand) (the “Judgment Debt”), payable on
- Published in News, 2018, Road Accident Fund
Bloomberg Finance L.P. v Bloomberg Group (Pty) Ltd and Another (CT003Apr2018) [2018] COMPTRI 59 (17 August 2018)
Tuesday, 02 October 2018
SUMMARY The applicant in the matter is Bloomberg Finance L.P, a limited partnership registered in terms of the laws of the United States of America (the “Applicant”). The first respondent is Bloomberg Group (Pty) Ltd, a company registered in terms of the laws of South Africa (the “First Respondent”) and the second respondent is the
- Published in News, 2018, Commercial Law
