Unitrans Supply Chain Solutions (Pty) Ltd v National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI) and Others

SUMMARY – Background to Review This is an opposed review application of an award in which the arbitrator found that the third respondent, Mr I Juries (‘Juries’), was dismissed by the applicant (‘Unitrans’) unfairly because he did not deliberately falsify payroll information which caused a shop steward, Mr G Coetzee (‘Coetzee’), to receive additional remuneration
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Municipal terminations of supply – is a court order necessary?

Introduction This article considers the legal question of whether it is necessary for a municipality to obtain a court order before terminating the supply of electricity and/or water to a consumer’s property for non-payment of municipal charges. Principles of spoliation It is trite (accepted) law that if any person or entity (including a state entity
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JOUBERT V S (642/2016) [2017] ZASCA 3; 2017 (1) SACR 497 (SCA) (3 MARCH 2017))

BACKGROUND The Appellant, an accountant by profession, was convicted in the Nelspruit Regional Court on 20 counts of fraud relating to false VAT claims made to the South African Revenue Service and was subsequently sentenced to seven years’ imprisonment, wholly suspended on certain conditions for a period of five years. The Appellant petitioned the Gauteng
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PepsiCo v Atlantic Industries (983/16) [2017] ZASCA 109 (15 September 2017)

SUMMARY The appellant is PepsiCo Inc (Pepsi), the registered proprietor of trademark PEPSI. The respondent is Atlantic Industries (Atlantic), a subsidiary of The Coca-Cola Company and the registered proprietor of trademarks TWIST, LEMON TWIST and DIET TWIST.  Both parties’ trademarks are registered in class 32 which includes ‘mineral and aerated waters and other non-alcoholic drinks’.
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Pro Tempo v Van der Merwe (20853/2014) [2016] ZASCA 39; 2018 (1) SA 181 (SCA) (24 March 2016)

SUMMARY This case is an appeal from a judgment handed down by the Gauteng Division of the High Court, Pretoria. The question in this appeal is whether the Appellant, Pro Tempo Akademie CC (a close corporation which owns and operates a school for children with learning disabilities) was correctly held liable for damages sustained by
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Van Vuuren v Ethekwini Municipality 2018 (1) SA 189 (SCA)

SUMMARY High Court: Facts: John, an 8-year-old boy, had been playing on a waterslide owned by the Ethekwini Municipality (the “Respondent”). While John was sliding down the slide he was pushed by a child behind him, causing him to lose his balance which resulting in him suffering various injuries. No municipal official was controlling access
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Ikea Trading und Design AG v BOE Bank Ltd (77/2003) [2004] ZASCA 27 (1 April 2004)

SUMMARY The First Respondent, BOE Bank, was the holder of a general notarial bond over Woodlam Industries CC (“Woodlam”) which was placed into final liquidation in October 1999 and as a result, BOE Bank applied to the Eastern Cape High Court for an order that the liquidation and distribution account be amended to include the
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Bell Equipment Sales SA Ltd v Tshepo Mashiigo (N.O.) and Others [2018] ZALCJHB 251 (31 July 2018)

SUMMARY This matter concerns the First Respondent’s award finding that the dismissal of the Fourth Respondent was substantively unfair, ordering his reinstatement. The Applicant sought an order setting aside the award, while the Fourth Respondent applied for the award to be made an order of court. The Fourth Respondent’s dismissal arose from his failure to
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Levy Clearance Certificates

Written by: Chantelle Gladwin-Wood, Partner and Dr Jan Harm Swanepoel, Candidate Attorney   Introduction This article examines the law in relation to Levy Clearance Certificates, which must ordinarily be obtained before transfer can be passed of a unit in a Sectional Title Scheme.   What is a Levy Clearance Certificate? This is a document which
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R v Skansen Interiors Limited, Southwark Crown Court (2018)

SUMMARY Skansen Interiors Limited (“SIL”) was, until it ceased trading in 2014, a small refurbishment company operating mainly in London. In 2013, SIL won tenders from DTZ Debenham Tie Leung (“DTZ”) for two office refurbishment contracts jointly worth £6 million (“Tender Contracts”). Pursuant to the award of the Tender Contracts, allegations arose that that SIL’s
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