Moleko v Minister of Police and Another (32378/2016) [2019] ZAGPPHC 355 (5 August 2019)
Thursday, 10 October 2019
SUMMARY This case deals with an arrest made in terms of Section 40 (1)(b) of the Criminal Procedure Act (“CPA”), namely an arrest made by a peace officer without a warrant where such an officer is under the reasonable suspicion that the accused may have committed an offence referred to in Schedule 1: Facts
- Published in 2019, Criminal Law
No Comments
AFGEN (Pty) Ltd v Ziqubu (JA34/18) [2019] ZALAC 40 (13 June 2019)
Thursday, 03 October 2019
BACKGROUND The Respondent had been employed by AFGEN (Pty) Ltd (“the Appellant”) for just over a year, during which period she suffered from depression and was placed on sick leave for two months. Subsequent to the Respondent’s return, in December 2011, she was charged with misconduct for: (i) sending unauthorized emails to customers and (ii)
- Published in 2019, Labour Law
Starways Trading v Pearl Island Trading (232/2018) [2018] ZASCA 177 (3 December 2018)
Tuesday, 01 October 2019
SUMMARY In this case, the First Appellant (“Starways”) (in liquidation), entered into a written contract with the First Respondent (“Pearl”) in terms of which Starways sold 25 000 metric tonnes of imported sugar to Pearl (“the sugar contract”). The terms of the sugar contract provided that the first consignment of sugar would be delivered
Maintenance & Majority
Tuesday, 01 October 2019
IntroductionIt is trite in law that both biological parents have the duty to maintain their minor child. It is often believed that this maintenance obligation only exists until a child attains majority. We consider this misnomer and explore the mandatory maintenance obligations that may exist towards a child beyond majority BackgroundUnder South African law majority
- Published in 2019, Maintenance
“TACKLING “URBAN DELINQUENCY”
Thursday, 26 September 2019
Introduction Urban delinquency is a term coined by our offices to describe the growing trend by occupants and owners of ignoring or openly violating municipal by-laws, health and safety laws, environmental laws, building laws and zoning laws in densely populated urban areas. This article explains how some of the more typical violations of these important
- Published in Property Law, 2019
Rapitsi v Standard Bank and Others (2669/2018) [2019] ZALMPPHC 7 (19 March 2019)
Thursday, 26 September 2019
SUMMARY Masoko Ephafras Rapitsi (“the Deceased”) was at the time of his death, a contributing member of a Transnet Retirement Fund (“Retirement Fund”) underwritten by Momentum. The Deceased nominated his four children as beneficiaries to the Retirement Fund. The Applicant in the matter is the Deceased’s daughter. The Applicant was granted interim relief in this
- Published in 2019, Deceased Estates
Barker v Bishops Diocesan College And Others 2019 (4) SA 1 (WCC)
Wednesday, 25 September 2019
SUMMARY MB and his parents (“Plaintiffs” in the court a quo) are permanent residents of the United Kingdom, owning no assets in South Africa. They instituted a claim for damages against the Respondents for injuries that MB sustained in 2005, whilst he was an exchange student in South Africa. As peregrini (persons domiciled or resident
- Published in 2019, News, Security for costs & Peregrine Plaintiffs
PROTECTED DISCLOSURES ACT 26 of 2000
Wednesday, 18 September 2019
IntroductionThis article aims to provide a basic understanding of the Protected Disclosures Act 26 of 2000 (hereinafter “the PDA”), having particular reference to the protection afforded by the Labour Relations Act 66 of 1995 (hereinafter “the LRA”) to employees who make a disclosure to their employer. BackgroundThe preamble of the PDA recognises the presence of
- Published in 2019, News, Protected Disclosures Act 26
INNOVENT RENTAL & ASSET MANAGEMENT SOLUTIONS (PTY) LTD v TRANSET SOC LTD (917/2018) [2019] ZASCA 106 (5 SEPTEMBER 2019)
Wednesday, 18 September 2019
SUMMARY On or about 17 February 2005, Innovent Rental & Asset Management Solutions (PTY) Ltd (“the Appellant”), a company that finances the acquisition and leasing of equipment, entered into a Master Rental Agreement (“MRA”) with Transnet SOC LTD (“the Respondent”), under which it would acquire equipment in accordance with the specifications of the Respondent, and
- Published in 2019, law of contract, News
