Government of the Western Cape: Department of Social Development v Barley & others [2018] ZASCA 166 SCA.

SUMMARY This matter concerned a delictual claim against the Department of Social Welfare (“the Province”) and an early child development facility, “Aunty Dawn’s”, run by Ms Moore (“Moore”). The parents of Ava Barley a five-month old minor female (“Ava”), Mr and Mrs Barley (the “Barleys”) instituted a claim against Moore and the Province for damages
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Botha v Kirk Attorneys (EL 257/2016, ECD757/2016) [2019] ZAECELLC 1 (22 January 2019)

SUMMARY Mr. Lucian Botha (“the Plaintiff”), carrying on his trade as a building contractor was involved in a motor vehicle accident on or about 5 April 2013. The said accident, wherein the Plaintiff veered off the road owing to the negligence of an unidentified driver as argued by his counsel, resulted in him sustaining severe
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Vodacom (Pty) Ltd v Motsa & another (174/16) [2016] ZALCJHB 59

BACKGROUND In this case the First Respondent, being a Mr Godfrey Motsa (“Motsa”), resigned as a senior executive employee of the Applicant, being Vodacom (Pty) Ltd (“Vodacom”), and took up employment with the Second Respondent being, MTN Group LTD (“MTN”). Motsa was employed by Vodacom in or during January 2007. On or about 23 December
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Executive Managing Agents

By Chantelle Gladwin, Partner and Lauren Squier, Candidate Attorney   Introduction This article explains the nature and purpose of an executive managing agent for the purposes of the Sectional Title Schemes Management Act 8 of 2011 (“the STSMA”), it’s Regulations, The Sectional Title Act 95 of 1985 (“The Act”) and the Prescribed Management Rules (“PMR”)
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S v Diki (CC82/2018) [2018] ZAECGHC 130 (11 December 2018)

SUMMARY The Accused was charged with 3 counts to which he pleaded as follows: (1)  Not guilty to housebreaking with intent to commit rape; (2)  Not guilty to rape; and (3)  Guilty to attempted murder. The Accused entered into a plea explanation in which he stated as follows: On his way home, the Accused saw
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Securitas Specialised Services (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR 189/12) [2018] ZALCJHB 356(6 November 2018).

SUMMARY The factual matrix from which this judgment transpires concerns an Arbitrator’s award. Securitas Specialised Services (Pty) Ltd (“the Employer”) dismissed Edward Pheme (“the Employee”) following an internal disciplinary enquiry into the Employee’s misconduct (failure to visit clients for 7 months).  The chairperson found the Employee guilty of the misconduct and recommended a sanction of
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Ritz Plaza (Proprietary) Limited v Ritz Hotel Management Company (Proprietary) Limited (20753/17) [2018] ZAWCHC 60; [2018] 3 All SA 583 (WCC) (28 May 2018)

BACKGROUND On 11 October 2016, the applicant company (“the lessor”) concluded a written lease agreement (“the lease”) with the respondent (“the lessee”) in terms whereof the hotel and the property on which it is located were leased to it for a period of 20 years. By the end of 2016, the lessee began defaulting on
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National Commissioner of South African Police Service and Another v Mphalele N.O. and Another (CA15/2017) [2018] ZALAC 42 (11 December 2018)

SUMMARY Mr. Ashley Mezichel (“Employee”) was employed at the South African Police Service (“SAPS”) in the capacity of legal advisor. During or about September 2013, the Employee absconded from work, falsified his signing-in sheet on numerous occasions, and further left work without following the proper protocol. In light of the above, he was summoned to
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Carmichael-Brown v Liquid Telecommunications (Pty) Ltd (JS987/17) [2019] ZALCJHB 6 (23 January 2019)

SUMMARY Valerie Carmichael-Brown (hereinafter “the Applicant”) approached the Court in order to have a subpoena issued against her, by Liquid Telecommunications (Pty) Ltd (hereinafter “the Respondent”), set aside on the basis that the Respondents had abused court processes in respect of issuing same. The cause of action in said case arose in 2017 where the
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Democratic Alliance v Minister of International Relations and Co-operation and Others; Engels and Another v Minister of International Relations and Co-operation and Another (58755/17) [2018] ZAGPPHC 534; [2018] 4 All SA 131 (GP); 2018 (6) SA 109 (GP); 2018 (2) SACR 654 (GP) (30 July 2018)

BACKGROUND AND SUMMARY On 30 July 2018, the High Court of South Africa, Gauteng Division, Pretoria (the “Court”), declared that the decision taken by the Minister of International Relations and Cooperation (the “Minister”) to confer immunity and privileges on Dr Grace Mugabe (“Mugabe”) as the spouse of the then President of Zimbabwe, Robert Mugabe, was
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