Schrenk v Levy N.O and Others (C15/17) [2019] ZALC 7 (23 April 2019)

BACKGROUND AND SUMMARY This case involves an opposed application reviewing an arbitration award issued by Emma Levy N.O. (“the Arbitrator”).   Schrenk (“the Applicant”) had been employed by Transnet Port Terminals (“the Company”) for a duration of 34 years. The Applicant was dismissed in September 2016, following allegations that he had made a racist remark
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Motloung and Another v Sheriff, Pretoria East 2019 (3) SA 228 (GP)

SUMMARY The facts of the present matter can be summarised as follows: The plaintiff’s suffered a motor vehicle accident (“MVA”) in January 2007; As a result of the abovenmentioned MVA, the Plaintiff’s sought to claim compensation from the Road Accident Fund (“RAF”) through the institution of action proceedings; In 2011, action proceedings were purportedly instituted
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Gridmark CC v Raiza Trading CC (349/18) [2019] ZASCA 18 (25 March 2019)

  SUMMARY On 15 February 2013, the Appellant and the Respondent concluded a contract of purchase for the Appellant’s business, Yorkers Superette. The agreed purchase price was R850,000.00 which would be paid by the Respondent to the Appellant on the following terms:   (1) R500,000.00 would be paid as a deposit within 5 days of
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NK v KM 2019 (3) SA 571 (GJ)

SUMMARY The applicant in this matter, “NK”, applied to the court in terms of rule 33(4) of the Uniform Rules of the High Court (“the Rules”) for a separation of issues in the divorce proceedings between him and his wife, “KM”. The parties sought an order to have their marriage dissolved. KM opposed the claim
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The Kensington Residents and Ratespayers Association case: Neighbour Disputes, Illegal Buildings and Illegal Use

Introduction Judgment in the matter of Kensington Residents and Ratespayers Association NPC v Unoda John NO and others  was handed down on 21 May 2019 in the Gauteng Local Division of the High Court by Judge Carelse.  This matter was handled by Chantelle Gladwin-Wood (Partner) and Maike Gohl (Senior Associate) at Schindlers on a pro-bono
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Fines/Penalties issued by Municipalities

Introduction This article examines the kinds of fines and penalties that a municipality can lawfully charge a consumer, and in which circumstances it can lawfully do so. What are Fines and Penalties? A fine is a “sum of money paid as punishment for breaking the law”.It is trite law now that a fine is a
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POPI IN RELATION TO COMMUNITY SCHEMES

Introduction The purpose of the Protection of Personal Information Act No 4 of 2013 (“POPI”) is, among other things, to promote the protection of personal information of data subjects (defined as a person to whom personal information relates), processed by private and public bodies and to establish certain conditions and minimum requirements for the processing
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Sampson v Truvelo Manufacturers (Pty) Ltd (J 1483/17) [2019] ZALCJHB 81 (18 April 2019).

SUMMARY The factual context from which this judgment arises concerns the substantive fairness of a retrenchment dispute. In this action, Mark Anthony Sampson (“the Employee”) challenged the substantive fairness of his dismissal, asserting that it was not effected in accordance with section 189 of the LRA.     Truvelo Manufacturers (Pty) Ltd (the “Employer”) commenced
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Trustees for the Time Being of the Oregon Trust v BEADICA 231 CC and Others (74/2018) [2019] ZASCA 23 (28 March 2019)

BACKGROUND As part of a black empowerment initiative by the National Empowerment Fund (“NEF”), various franchise agreements were concluded between Sales Hire CC (“Sales Hire”) and four close corporations, the members of which were former employees of Sales Hire (“Lessees”). In addition, a cooperation agreement was entered into between Sales Hire and the NEF in
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Nel v Ramwell t/a Ramwell Attorneys (18171/2018) [2019] ZAGPJHC 28 (1 March 2019)

BACKGROUND AND SUMMARY The High Court of South Africa, Gauteng Local Division (the “Court”) handed down judgment dismissing an application with costs made by the Applicant as material disputes of fact arose between the parties, and which could not be resolved on the papers alone.     The Respondent is an attorney and conveyancer and
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