NOTYAWA V MAKANA MUNICIPALITY AND OTHERS [2019] ZACC 43.
Tuesday, 26 November 2019
SUMMARY Mr. Notyawa (hereinafter “the Applicant”) applied for a position as the municipal manager of the Makana Municipality, during November 2014 and was duly appointed as same by the Municipal Council in March 2015. Subsequent to the Applicant’s appointment, and under the authority of section 54A of the Local Government: Municipal Systems Act (hereinafter “the
- Published in 2019, Administrative Law
No Comments
AFRISAM (SA) (Pty) LTD v MALETH INVESTMENT FUND (PTY) LTD (651/2018) [2019] ZASCA 139 (01 October 2019)
Monday, 25 November 2019
SUMMARY On 4 December 2015, the Gauteng Division of the High Court, Johannesburg, granted an order that a company, Cemlock Cement (Pty) Ltd (“Cemlock”), be finally wound up with effect from 31 October 2013. The order was granted at the instance of one of Cemlock’s creditors, Maleth Investment Fund (Pty) Ltd (“Maleth”). At the time
The Laser Transport Group (Pty) Ltd & another v Elliot Mobility (Pty) Ltd & another (835/2018) [2019] ZASCA 140 (01 October 2019)
Friday, 22 November 2019
SUMMARY This case dealt with a tender review of an award challenged for non-compliance with the Preferential Procurement Policy Framework Act 5 of 2000 (“PPPFA”). On or about 11 March 2015, the Laser Transport Group (Pty) Ltd t/a Stuttaford Van Lines (the “Laser Group”) and Gin Holdings (Pty) Ltd (“Gin Holdings”) (the “Appellants”), which
- Published in 2019, Administrative Law
Zedra Trust Company (Jersey) Ltd and another v The Hut Group Ltd [2019] EWHC 2191(Comm)(29 August 2019)
Thursday, 21 November 2019
SUMMARY AND BACKGROUND In or during May 2011, the claimants in the matter, namely Zedra Trust Company (Jersey) Limited and Oliver Nobahar-Cookson (collectively the “Claimants”) concluded a written sale and purchase agreement with The Hut Group Limited (the “Defendant”) wherein the Claimants agreed to sell their shares in Cent Ltd (the “Company”) to the Defendant
- Published in 2019, Contract Law, English Law
Minister of Safety and Security v Tyali and Another (2301/2009) [2012] ZAECMHC 8 (14 June 2012).
Wednesday, 20 November 2019
SUMMARY This was an interlocutory application made in terms of rule 30A(1) of the Uniform Rules of Superior Court Practice (“the uniform rules of court”) wherein the Minister of Safety and Security (“the Applicant”) sought an order striking out an answering affidavit deposed to by Mzukisi Tyali (“the First Respondent”). The main application was made
- Published in 2019, Civil Procedure
The Impossible Triangle: Landlord v Tenant Municipal Charges
Tuesday, 19 November 2019
Introduction This article deals with liability for incorrectly billed municipal charges where a tenant does not have its own municipal account, and the charges for services consumed by the tenant at the rental property are billed to the landlord, who then passes them on to the tenant.The Impossible Triangle Let’s consider an example where the
- Published in 2019, Municipal Law, Property Law
Liability for ‘Historic’ Municipal Debt in Sectional Title Schemes
Friday, 15 November 2019
Introduction This article considers whether or not (and if so, to what extent) sectional title unit owners are liable to firstly the body corporate, and secondly the municipality, for municipal debt incurred by the body corporate prior to their becoming owners, and if so, in what proportions. The problem Imagine that you are an owner
- Published in 2019, Sectional Title Schemes
Immigration legislation in South Africa – Declaration as an Undesirable Person, Overstay Bans and Undesirability Appeals
Friday, 15 November 2019
Introduction The purpose of this article is to provide the reader with a basic and general understanding of what it means to be declared an Undesirable Person in the Republic of South Africa, what measures can be taken to avoid being declared undesirable and what can be done if you are declared undesirable. What does
- Published in 2019
MALATJI V CITY OF TSHWANE METROPOLITAN MUNICIPALITY AND OTHERS (JR654/17) [2019] ZALCJHB 300 (7 November 2019)
Wednesday, 13 November 2019
SUMMARY Tshepo Malatji (the “Applicant”), who was an employee of The City of Tshwane Metropolitan Municipality (the “First Respondent”) applied for 8 director positions on 8 February 2013, which positions were advertised by the First Respondent. One of the positions that the Applicant applied for was that of Director of Road Policing, unfortunately the Applicant
- Published in 2019, Labour Law
Nedbank Limited v Master of the High Court and Another (43581/16) [2019] ZAGPJHC 393 (31 October 2019).
Friday, 08 November 2019
SUMMARY This matter concerned the claim for remuneration and expenses of a Business Rescue Practitioner (the “BRP”) when business rescue has failed and been converted into a liquidation, and particularly the order of preference of the BRP’s claim on the liquidation of the company concerned. In 2010, Nedbank Limited (“the Applicant”), loaned funds to Fima
- Published in 2019, Insolvency Law
