New Nation Movement NPC and Others v President of the Republic of South Africa and Others [2019] ZACC 27

BACKGROUND AND SUMMARY This matter concerns an urgent application for direct leave to appeal to the Constitutional Court against the judgment of the High Court of South Africa, Western Cape Division, Cape Town (the “High Court”) delivered on 17 April 2019. On 17 September 2018, the Applicants approached the High Court on an urgent basis
Read more
No Comments

Lebeya v Matlala and Others (JR2330/16) [2019] ZALCJHB 155 (14 June 2019)

SUMMARY The factual background from which this decision arises concerns a dismissal on the grounds of misconduct.  Lonmin Platinum Mine (“the Employer”) dismissed Doctor Lebeya (“the Employee”) following a disciplinary enquiry in which he was found guilty of dishonest.   At the heart of the misconduct was two fraudulent travel claims submitted by the Employee.  
Read more
No Comments

South African Local Authorities Pension Fund v Mthembu & Another (20649/2015) [2015] ZASCA 205 (3 December 2015)

SUMMARY On 3 May 1997, the First Respondent became entitled to claim a child pension benefit from the Appellant on behalf of her daughter (“Mbali”), upon the death of her husband, who was a member of the Appellant.   The Appellant’s Pension Fund Rules (“the Rules”) contained a clause which prohibited the granting of a
Read more
No Comments

National Union of Metalworkers of South Africa obo Khanyile Nganezi and Others v Dunlop Mixing and Technical Services (Pty) Limited and Others [2019] ZACC 25

BACKGROUND In August 2012, members of the National Union of Metalworkers of South Africa (“NUMSA”) engaged in a protected strike. During the strike, several acts of violence, intimidation and damage to property were alleged to have occurred. Despite not positively and individually identifying the perpetrators, Dunlop (the employer), dismissed the workers who had been involved
Read more
No Comments

Tshabalala and Others v Tshabalala and Others (38827/2016) [2019] ZAGPJHC 192 (28 June 2019)

SUMMARY In or about 1980, Richard Tshabalala passed away intestate and was survived by his seven children and his wife, Paulina Tshabalala. During his lifetime, he was issued with a regulation 8 certificate of occupation for the property he then resided on, by the West Rand Administration Board. (“the Board”) The certificate contained the names
Read more
No Comments

Moneyline Financial Services (Pty) Ltd v Chakane NO and Others (JR245417) [2019] ZALCJHB 156 (19 June 2019)

SUMMARY The factual matrix from which this judgment arises concerns a dismissal of employees due to poor work performance. The Employer Moneyline Financial Services (Pty) Ltd dismissed the Third Respondent and 7 others (“the Employees”) who were employed in capacity as sales representatives. Following such dismissals, the matter proceeded to arbitration proceedings where it was
Read more
No Comments

STATE v D (CC36/2018) [2019] ZAWCHC 79 (25 June 2019)

SUMMARY This CLE will provide a practical example of how the courts, in respect of criminal matters involving serious offences, hand down their sentences. In this case, the accused, Mr D, was accused of the kidnapping, rape and murder of his 10-year-old niece. The accused was earlier convicted on the aforesaid counts in addition to
Read more
No Comments

Lloyds Bank Plc v McBains Cooper Consulting Ltd [2018] EWCA Civ 452 (15 March 2018)

SUMMARY A property developer obtained a loan facility from Lloyds Bank PLC (the “Claimant”) in the sum of £2,625,000.00 (the “Facility”), which figure was subsequently reduced to approximately £2,500,000.00 (the “Revised Facility Amount”) for the redevelopment of a bingo hall (the “Development”). McBains Cooper Consulting Limited (the “Defendant”) was appointed as the project monitor surveyor
Read more
No Comments

Harris v Rossouw (5178/2019) [2019] ZAWCHC 75 (21 June 2019)

BACKGROUND AND SUMMARY In this case, Shaun Harris (the “Plaintiff”) sought action proceedings to recover the sum of R531 361 plus interest thereon a tempore morae. The debt arose upon the Plaintiff and Rachel Rossouw (the “Defendant”) concluding a loan agreement in terms of which repayment was due, owing and payable (the “Agreement”). The claim
Read more
No Comments

Ratlou v MAN Financial Services (1309/2017) [2019] ZASCA 49

SUMMARY During 2013 Mr Ratlou (“Ratlou”) acquired Phapo Nkone Transport (Pty) Ltd (“PNT”) together with its business. Subsequently, on 24 October 2013, he executed a deed of suretyship in favour of MAN Financial Services SA (Pty) Ltd (“MAN”) to secure a lease agreement between MAN and PNT relating to the lease of trucks and trailers.
Read more
No Comments