National Credit Regulator v Standard Bank of South Africa LTD and South African Human Rights Commission.

SUMMARY In casu, the issue for the court’s determination was whether sections 90(2)(n) and 124 of the National Credit Act, 34 of 2005, (“the NCA”) render the common law right of set-off inapplicable in respect of credit agreements that are subject to the NCA.   The common law right of set off allows one debt
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Standard Bank of South Africa Limited v McCrae (21128/2015) [2019] ZAGPJHC 206 (25 June 2019)

BACKGROUND AND SUMMARY On 12 November 2009, a written loan agreement had been concluded between the Applicant and of Strike Productions (Pty) Ltd (“Strike”) (the “Loan”). In terms of the Loan, an event of default would occur if Strike was liquidated. In such instance, the Standard Bank of South Africa Limited (the “Applicant”) would require
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National Home Builders’ Registration Council & Another v Xantha Properties 18 (Pty) Ltd (780/2018, 784/2018) [2019] ZASCA 96 (21 June 2019)

SUMMARY Background This appeal dealt with whether Xantha Properties 18 (Pty) Ltd (the “Respondent”), registered as a “home builder” in terms of section 1 of the Housing Consumers Protection Measures Act 95 of 1998 (the “Act”), was compelled to adhere to section 14(1) of the Act with regard to homes built only for purposes of
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Molehe v Public Health and Social Development Sectoral Bargaining Council and Others (167/2014) [2019] ZALCCT 19 (2 August 2019)

SUMMARY This case deals with the review of an arbitration award which was issued on 17 March 2013. Below, are the facts that lead to the aforementioned arbitration award.   Lucas Moeketsi Molehe (“the Applicant”) was employed by the Department of Social Development, Free State Province (“the third Respondent”), as a social auxiliary social worker,
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Issues to Consider when Buying into a Sectional Title Scheme

Introduction This article will look at issues that any buyer in a Sectional Title Scheme should consider before purchasing. Once you have signed your sale contract, you might find yourself unhappy with the decision to purchase on the terms contained therein if you were not aware of these issues. In discussing this topic, we will
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The Removal of “Illegal” Electricity Meters/Connections

Introduction This article deals with the law relating to the removal of “illegal” electricity meters and connections.  By parity of reasoning it can be applied equally to “illegal” water meters and connections. Facts of Eskom Holdings SOC Ltd v Sidoyi and Others   In this case Mr Sidoyi had applied for a pre-paid electricity meter
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Marais and 56 Others v Shiva Uranium (Pty) Ltd (In Business Rescue) and Others (J3049/18) [2018] ZALCJHB 346; (2019) 40 ILJ 177 (LC); [2019] 5 BLLR 472 (LC) (5 October 2018)

SUMMARY Marais and 56 Others (“Applicants”) were the employees of Shiva Uranium (Pty) Ltd (“First Respondent”) and brought an urgent application in the Labour Court seeking leave to institute legal proceedings against the First Respondent, the employer, which was placed in business rescue on 19 February 2018, in terms of section 113 (1)(b) of the
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Patmar Explorations (Pty) Ltd v Limpopo Development Tribunal (1250/2016) [2018] ZACC 19 (16 March 2018)

SUMMARY The Development Facilitation Act (DFA) created development tribunals in South African provinces and empowered them to adjudicate on land developments. However, those provisions were ruled to be unconstitutional by this Court and the Constitutional Court confirmed that order.   The Constitutional Court suspended its order of invalidity for two years to enable the legislature
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Kekana v Road Accident Fund (206/17) [2018] ZASCA 75 (31 May 2018)

SUMMARY In August 1996, the Appellant (an employee of the the South African Police Service), was involved in a motor vehicle accident and suffered bodily injuries, whereafter a claim for damages was made against the Respondent, The Road Accident Fund (the ”Fund”).   After several settlement offers being made by the Fund during the course
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Stephanus de Lange NO v The Minister of Water Environmental Affairs (81/2018) [2019] ZASCA 59 (17 April 2019).

SUMMARY This matter dealt with the question of prescription insofar as it relates to the Appellant’s claim for damages against the Minister of Water and Environmental Affairs (the “Respondent”) for the loss suffered as a result of the Respondent’s alleged unlawful failure to maintain an irrigation canal. The failure, on the part of the Respondent,
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