Mthembu and Others v NCT Durban Wood Chips [2019] 4 BALR 369 (CCMA)

BACKGROUND AND SUMMARY The Commission for Conciliation, Mediation and Arbitration (the “CCMA”) recently handed down judgment in terms of a section 191(5)(a)(i) of the Labour Relations Act 66 of 1995 (the “Act”). The question of law before the Arbitrator of the Court was whether or not the dismissal of the Applicants was substantively fair.  
Read more
No Comments

MN and others v Director General: Department of Home Affairs & another [2018] JOL 40100 (ECG)

SUMMARY The First Applicant (“MLN”), South African Citizen and member of South African National Defence Force, and the Second Applicant (“DMN”), a citizen of the Democratic Republic of Congo (“DRC”) (collectively referred to as “the Parties”), met whilst DMN was posted in the DRC as a peacekeeper. The Parties married in DRC, their marriage, however,
Read more
No Comments

LEGAL ISSUES RELATED TO SOLAR PANELS/GEYSERS IN SECTIONAL TITLE SCHEMES

Introduction An article released by The Citizen on the 3rd of April 2019 shows the enormity of the magnitude of the problem we face in South Africa at present.  According to The Citizen, Eskom is struggling with debt of R420 billion, with very little end in sight, and while government has attempted to alleviate some
Read more
No Comments

Diener NO v Minister of Justice and Correctional Services and Others 2019 (2) BCLR 214 (CC).

SUMMARY The Constitutional Court (“CC”) handed down its judgment in an application for leave to appeal against a judgment of the Supreme Court of Appeal (“SCA”), regarding the question as to whether a business rescue practitioner enjoys a “super preference” over all creditors, whether secured or not, during liquidation proceedings, in terms of the Companies
Read more
No Comments

Ngomane and Others v City of Johannesburg Metropolitan Municipality and Another (6778/2017) [2017] ZAGPJHC 122; [2017] 3 All SA 276 (GJ) (30 March 2017)

SUMMARY The applicants are a group of homeless people who made a home for themselves on a traffic island under R31 highway bridge on End Street, between Durban and Meikle Streets, in the business district of the City of Johannesburg Metropolitan Municipality (“JMPD”).   According to the applicants, they lived under the bridge for a
Read more
No Comments

Mhlupheki Willem Kubeka & Others v Ni-Da Transport (PTY) LTD (D 726-18;J 5386-17) [2019] ZALCD 1

SUMMARY The applicants instituted a claim for arrear wages in terms of section 77(3) of the Basic Conditions of Employment Act. The application was based on a judgment from the Labour Court, that the applicants be reinstated, retrospectively to the date of their unfair dismissals, and that the applicants report for duty within 14 days
Read more
No Comments

Trustees of the Simcha Trust v Da Cruz and Others; City of Cape Town v Da Cruz and Others (CCT125/18; CCT128/18) [2019] ZACC 8 (19 February 2019)

BACKGROUND AND SUMMARY The Constitutional Court of South Africa (the “Court”) recently handed down judgment in two applications seeking leave to appeal against the judgment of the Full Court of the High Court of South Africa, Western Cape Division, Cape Town (the “High Court”). The question of law before the Court was whether or not
Read more
No Comments

Bothongo Agriculture GP (Pty) Ltd v Kerbyland (Pty) Ltd and 2 Others (18781/2018) [2019] ZAGPHC 42 (22 February 2019)

BACKGROUND AND SUMMARY Bothongo Agriculture GP (Pty) Ltd (the “Applicant”) owns the Rhino and Lion Reserve, a plot of land adjacent to the property in respect of which the application was launched (the “Property”). The Applicant sought to acquire the Property from the first respondent, Kerbyland (Pty) Ltd (the “First Respondent”), which Property was being
Read more
No Comments

Britz NO v Strydom and Another (2849/2018) [2019] ZAECPEHC 17 (29 March 2019).

SUMMARY The Applicant in this matter, as the nominated executrix of her deceased husband’s estate, sought an order of ejectment, by the High Court of the Eastern Cape Local Division, against the First Respondent in respect of premises previously owned by the deceased. The First Respondent is the deceased’s nephew and heir of the only
Read more
No Comments

Tiekiedraai Eiendomme (Pty) Limited v Shell South Africa Marketing (Pty) Limited [2019] ZACC 14

SUMMARY This case concerned the Constitutional Court’s amplified jurisdiction to hear cases that do not raise a constitutional issue in the context of an application for leave to appeal premised on a contractual dispute.   Factually the case concerned a dispute around the right of pre-emption envisaged in the lease agreement between the respective parties. 
Read more
No Comments