ROAD ACCIDENT FUND V MASINDI (586 / 2017) [2018] ZASCA 94 (1 JUNE 2018)
Wednesday, 19 September 2018
INTRODUCTION & BACKGROUND This matter dealt with the interpretation of section 23(3) of the Road Accident Fund Act 56 of 1996 (“the RAF Act”), particularly, the manner in which the five-year prescription period applicable to the Respondent’s claim should be calculated. On 17 June 2009, the Respondent, and her minor child where hit by a
- Published in 2018, Prescription
No Comments
Expropriation #1: Amendments to Section 25?
Tuesday, 18 September 2018
By Chantelle Gladwin-Wood, Partner and Anja van Wijk, Associate Introduction The threat of the apparent introduction of expropriation without compensation (“EWC”) into South African law is causing a lot of anxiety among many South Africans, particularly property owners. There are many controversial questions doing the rounds, some of which are (purposely) being sensationalized by the
- Published in News, 2018, Property Law
Liberty Group Ltd v Erasmus NO (54534/2011) [2018] ZAGPPHC 497 (11 July 2018)
Monday, 17 September 2018
BACKGROUND Chartered Life Insurance Company Ltd, later known as Liberty Active Ltd, ceded, to the Plaintiff, all its rights and interests in and to any claim that may arise from the payment of commissions from the broking agreements concluded by ECE. The eight defendants independently bound themselves as sureties and co-principal debtors in solidum to
SJ v SE (not yet reported)
Thursday, 13 September 2018
SUMMARY In casu, the Respondent sought, inter alia, an order declaring that Rule 43 of the Uniform Rules of Court does not apply to Islamic marriages and in circumstances where a Talaq has been issued. The parties were married to each other under Islamic Law and 2 (two) children were born of the marriage.
- Published in News, 2018, Customary Marriage, Family Law
Eskom Holdings Limited v Halstead-Cleak ZASCA 150 (30 September 2016)
Tuesday, 11 September 2018
SUMMARY The Respondent, Mr Halstead-Cleak, came into contact with a low hanging power line whilst cycling. He suffered electrical burns as a result. At the time of the incident, the power line was not supplying or required to supply electricity to anyone. However, after sustaining severe electrical burns, the Respondent issued a summons against Eskom
- Published in News, 2018, Consumer Protection
Twincare International (Pty) Ltd v Nel (J2249/17) [2018] ZALCJHB 245 (20 July 2018)
Monday, 10 September 2018
SUMMARY In 2006 the Twincare International (Pty) Ltd (“Twincare 1”) entered into an employment agreement with Deborah Nel (“Nel”), containing confidentiality and restraint of trade clauses. As an employee of Twincare, Nel was involved in the education of staff members of Twincare’s clients regarding the various beauty and skincare products that Twincare produces. In 2013,
- Published in News, 2018, Civil Procedure, Labour Law, Locus Standi, Restraint of Trade
Long Beach Home Owners Association v Department of Agriculture, Forestry and Fisheries and Another 2018 (2) SA 42 (SCA) (22 September 2017).
Monday, 10 September 2018
SUMMARY The subject matter of the dispute between the parties to this appeal is a natural forest. The forest comprises a sensitive dune forest ecosystem and is a critical biodiversity area. The source of the dispute is that the owners of seven properties located within the forest, represented by the appellant, the Long Beach Home
- Published in News, 2018, Environmental Law
Minister of Safety and Security v South African Hunters and Game Conservation Association [2018] ZACC 14 (CC).
Friday, 07 September 2018
SUMMARY Gun ownership is not a fundamental right under our Bill of Rights, rather, it is a privilege regulated by law under the Firearms Control Act 60 of 2000 (“the Act”), which aims to establish and ensure a comprehensive system of firearm control and lawful possession. The Act regulates this privilege by prescribing specific mandatory
- Published in 2018, Gun control, News
ST v CT (1224/16) [2018] ZASCA 73; [2018] 3 All SA 408 (SCA) (30 May 2018)
Tuesday, 04 September 2018
BACKGROUND In this bitterly contested divorce which was between an experienced silk Advocate (“Mr ST” “the Appellant”) and a German Lawyer (“Mrs CT” “the Respondent”) the primary disputes concerned in this matter were, inter alia: – a prenuptial waiver of spousal maintenance as contained in an ante-nuptial contract between the parties; – the full and
- Published in News, 2018, Family Law
Vodacom (Pty) Ltd v Motsa & another (174/16) [2016] ZALCJHB 59
Tuesday, 04 September 2018
BACKGROUND In this case the First Respondent being a Mr Godfrey Motsa (“Motsa”) resigned as a senior executive employee of the Applicant being Vodacom (Pty) Ltd (“Vodacom”) and took up employment with the Second Respondent being, MTN Group LTD (“MTN”). Motsa was employed by Vodacom in or during January 2007. On or about 23 December
- Published in News, 2018, Labour Law
