Misrepresentation in Insurance
Tuesday, 26 March 2019
By Musa Mathebula, Associate and Lauren Squier, Candidate Attorney Introduction This article deals with the topic of misrepresentations in the insurance industry and explores instances where insurers can repudiate insurance policies. Good Faith in Insurance Policies In the case of Mutual & federal Insurance Co Ltd v Oudtshoorn Municipality (1985) (1) SA 419 (A), the
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Is my Sale of Land Agreement Valid? Common Mistakes that Mess Up Deals
Tuesday, 26 March 2019
By Chantelle Gladwin-Wood, Partner and Divina Naidoo, Candidate Attorney Introduction This article explores some of the more common mistakes that often crop up in practice, when sale agreements are drafted using precedents that are not properly altered by qualified professionals. Every deal is unique and proper advice should be sought on every deal, lest a
- Published in News, 2019, Property Law
Long v South African Breweries (Pty) Ltd and Others; Long v South African Breweries (Pty) Ltd and Others (CCT61/18) [2019] ZACC 7 (19 February 2019)
Tuesday, 26 March 2019
BACKGROUND Allan Long (“the Applicant”) was previously employed by South African Breweries (Pty) Ltd (“the First Respondent”) as its district manager for the Border District. He was responsible for legal compliance in respect of the First Respondent’s operations in the Border District, including the requirements pertaining to a fleet of vehicles. On 10 May 2013,
- Published in 2019, Labour Law, News
Exxarro Ferro Alloys (Pty) Ltd v Kekana and Others (JR 1293/16) [2019] ZALCJHB 19 (5 February 2019).
Tuesday, 26 March 2019
SUMMARY This judgment concerns an Arbitrator’s award made by Commissioner Malubane Buti at the Commission for Conciliation, Mediation and Arbitration (“CCMA”). On analysis of the factual matrix, Exxarro Ferro Alloys (Pty) Ltd(“the Employer”) dismissed Lesiba Kekana (“the Employee”) following an internal poor work performance enquiry into the Employee’s consistent poor work performance (failing to meet
- Published in 2019, Labour Law, News
Tapala and Another v Tlebetla and Others (8940016) [2019] ZAGPPHC 46 (22 February 2019)
Tuesday, 26 March 2019
SUMMARY In or about 2006, the deceased, namely Nkhwile Alpheus Moropo acquired a property (“the Property”) in terms of the Housing Act No. 107 of 1997 (“Housing Act”). Prior to his death the deceased sold the property to the First Applicant (Initial Sale) and separately to First Respondent (Second Sale). The Initial sale was not
- Published in Property Law, 2019, Fraud, News
Purlish Holdings v The Commissioner for the South African Revenue Service (76/18) [2019] ZASCA 04 (26 February 2019).
Tuesday, 19 March 2019
SUMMARY The Supreme Court of Appeal (the “SCA”) recently set aside a decision of the Tax Court of South Africa, held in Gauteng (the “Tax Court”), in terms of which the Tax Court increased understatement penalties levied by the South African Revenue Services (“SARS”). Purlish Holdings (Pty) Ltd (the “Appellant”), having paid provisional tax to
Forsyth v Botha; Forsyth v Liebenberg and Others (17357/15; 17359/15) [2019] ZAWCHC 19 (27 February 2019)
Tuesday, 19 March 2019
BACKGROUND AND SUMMARY Mr. Alister James Forsyth (the “Applicant”) made an application to the High Court of South Africa, Western Cape Division, Cape Town (the “Court”), for the consolidation of two actions instituted by the Applicant against different defendants in terms of Rule 11 of the Uniform Rules of Court. The Applicant, who is the
- Published in 2019, News, Rules Of Court
Monde v Viljoens NO & others (1162/17) [2018] ZASCA 138 (28 September 2018)
Monday, 18 March 2019
SUMMARY In Snyders & others v De Jager & others 2017 (3) SA 545 (CC), the Constitutional Court held that an eviction order granted under the provisions of the Extension of Security of Tenure Act 62 of 1997 (“ESTA”), and confirmed on automatic review, should be appealed to the Supreme Court of Appeal (“SCA”). Accordingly,
- Published in 2019, Municipal Law, News, Property Law
SUMMARY Kerry Archer (the “Applicant”) was dismissed from his position as Business Manager of Pinelands High School (the “First Respondent”). The Applicant initially approached the CCMA on the basis that he had been unfairly and unlawfully dismissed from his employment. The Parties before the CCMA were the Applicant, the First Respondent and the Governing Body
- Published in 2019, Labour Law, News
BKB Limited v Bezuidenhout (3115/2017) [2019] ZAECGHC 18 (5 March 2019)
Wednesday, 13 March 2019
SUMMARY BKB Limited (“the Plaintiff”) entered into a verbal agreement with Pieter Bezuidenhout (“the Defendant”), wherein the Plaintiff would deliver fertilizer to the Defendant at the Defendant’s special instance, from time to time. Upon delivery of the fertilizer, it was an express, alternatively implied, alternatively tacit term that the Defendant would be invoiced, and that
- Published in 2019, News, Prescription
