Van der Bijl and Another v Featherbrooke Estate Home Owners’ Association (NPC) 2019 (1) SA 642 (GJ)

BACKGROUND AND SUMMARY The Plaintiffs in the matter, Mr. and Mrs. van der Bijl, brought an action for damages against the Defendants, Featherbrooke Estate Home Owners’ Association NPC (“the Association”) and Fidelity Security Services (Pty) Ltd (“Fidelity”), the security company employed by the Association to safeguard and protect the estate and its residents.   The
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State Information Technology Agency SOC Limited (SITA) v ELCB Information Services (Pty) Ltd & another (995/16) [2017] ZASCA 120

SUMMARY The appeal in casu was a result of a  dismissal of a review application brought by State Information Technology Agency SOC Ltd (SITA) (“the Appellant”) , against ELCB Information Services (Pty) Ltd (“ the First Respondent”) and Leon Dicker NO(“the Second Respondent”).   The court a quo also granted a counter-application by the First
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Batohi v Roux (12476/2012) [2018] ZAKZDHC 56; [2019] 1 All SA 390 (KZD) (16 November 2018)

BACKGROUND AND SUMMARY The Defendant is a practicing neurosurgeon and the Plaintiff was his patient. During or about 2004, the Plaintiff consulted with the Defendant in respect of a nerve related pain. The Defendant operated on the Plaintiff to repair, inter alia, an intervertebral disc herniation. The operation was successful and the Plaintiff was rendered
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Moss & another v KMSA Distributors (673/2018) [2019] ZASCA 81 (31May 2019)

BACKGROUND AND SUMMARY This case went on appeal to the Supreme Court of Appeal (the “SCA”) wherein the SCA upheld an appeal against the decision of the High Court of South Africa, Gauteng Division, Pretoria (the “Court”). The issue before the SCA was whether or not the suretyship covered the liabilities arising under two agreements,
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Jooma and Another v Sekgetho and Another (33377/2018) [2019] ZAGPJHC 184 (28 June 2019)

SUMMARY Cassim Jooma and Mahomed Sidque Jooma (“the Applicants”) are the registered owners of an immovable property located in Vrededorp, Gauteng (“the Immoveable Property”). On 26 February 2018, the Applicants and Obakeng Whyte Sekgetho (“the First Respondent”) concluded a written transfer agreement in respect of the Immoveable Property in terms of which the First Respondent
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De Vasconcelos and Others v Business Partners Ltd (637/2018) [2019] ZASCA 80 (31 May 2019)

SUMMARY In 2009, Roberto Carlos De Freitos De Vasconcelos (the “First Appellant”) acting on behalf of Eastprop Property Trust (the “Trust”), obtained a loan purposes of raising working capital for one of his 3 close corporations which was a sham. The close corporations performed their business activities from a property owned by the Trust (the
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E v E 12583/2017; R v R 20739/2018; and M v M 5954/2018.

BACKGROUND AND SUMMARY All three of the above matters were referred to the full bench of the High Court, Gauteng Local Division. Until this judgment, parties have been limited to the type of and amount of information they may provide to the Court, consequently, matters are often dispensed with in Court due to the prolixity
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Tsebo Outsourcing Group v Commissioner: Silas Segole and Others (JR1163/17) [2019] ZALC 5 (30 April 2019)

SUMMARY This matter concerns the Commissioner’s (the First Respondent) award finding that the dismissal of Cecilia Senatsi, the Third Respondent, by Tsebo Outsourcing Group, the Applicant, was substantively and procedurally unfair, ordering her reinstatement. The Applicant sought an order setting aside the award. The Third Respondent was employed by the Applicant as an Assistant Catering
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Impossible? The Contractual Defense of Impossibility of Performance

Introduction Is there an excuse for the non-performance of duties under a legally binding contract on the basis that ‘it simply couldn’t be done’? There might be when one considers that the essentialia of a valid contract are (or ought to be) based on the assumption that the contractual obligations undertaken are physically possible to
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Eskom Holdings SOC Limited v Masinda (1225/2018) [2019] ZASCA 98 (18 June 2019)

SUMMARY The Appellant, Eskom Holdings SOC Limited (hereinafter “Eskom”) sought an order from the Supreme Court of Appeal, determining whether the Respondent, Ms Masinda (hereinafter “Masinda”) was entitled to a spoliation order due to the disconnection of the electricity supply to Masinda’s immovable property in the Eastern Cape. Court a quoAs a result of the
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