Ndzimande and Others v Didben N.O and Others (JR 1404/14) [2019] ZALCJHB 73
Thursday, 20 February 2020
BACKGROUND Joseph Ndzimande and two others (the “Applicants”) were dismissed from the employ of Xstrata (the “Third Respondent”) on the grounds that they brought the Third Respondent into disrepute after allegedly making false and defamatory statements in an interview that aired on 3 (three) SABC radio stations during a march embarked upon by employees of
- Published in Labour Law, 2020
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Eskom Holdings SOC Limited v National Energy Regulator of South Africa and Others (74870/2019) [2020] ZAGPPHC 2 (10 February 2020).
Thursday, 20 February 2020
BACKGROUND The High Court of South Africa, Gauteng Division, Pretoria (the “Court”) was recently tasked to consider an application for urgent relief by Eskom (the “Applicant”) pending an application in terms of the Promotion of Administrative Justice Act (“PAJA”) for judicial review and setting aside of a decision taken by the National Energy Regulator of
- Published in 2020, Administrative Law
Mampane NO and Others v National Union of Public Service and Allied Workers and Another 2020 2 BLLR (LAC)
Wednesday, 19 February 2020
BACKGROUND The four Appellants are, the Commissioner of the National Lotteries Commission (“the NLC”), the NLC, the board of the NLC, and the Human Capital Manager of the NLC (“the HCM”). The Respondents are respectively the National Union of Public Service and Allied Workers (“NUPSAW”) and Ms Mokgatlha (“Mokgatlha”). The appeal is against the Labour
- Published in 2020, Administrative Law, Labour Law
Zamani Marketing and Management Consultants (Pty) Ltd and another v HCI Invest 15 Holdco (Pty) Ltd and others 2020 ZAGPJHC 5 (11 FEBRUARY 2020)
Sunday, 16 February 2020
SUMMARY Zamani Marketing and Management Consultants (the “Applicant”), instituted proceedings in terms of S33 of the Arbitration Act 42 of 1965 (the “Act”) to review and set aside an arbitration award. Subsequently, the Applicant also brought an interlocutory application wherein the Applicant sought to invoke Rule 53(1)(b) of the Uniform Rules of Court (the “Rules(s)”),
- Published in 2020, Civil Procedure
TMF Trustee Ltd & Ors v Fire Navigation Inc & Ors [2019] EWHC 2918 (Comm)(01 November 2019)
Friday, 14 February 2020
BACKGROUND Burlington Loan Management DAC and Bank of America N.A, the third and fourth claimants in the matter (collectively the “Lenders”), entered into a loan agreement (the “Loan Agreement”) with Fire Navigation Inc and Hurricane Navigation Inc, the first and second defendants in the matter (“collectively the Borrowers”). In terms of the Loan Agreement, the
- Published in 2020, Contract Law
Contango Trading SA v Central Energy Fund SOC Ltd (533/2019) [2019] ZASCA 191(13 December 2019)
Friday, 14 February 2020
BACKGROUND Contango Trading SA, Natixis SA and Glencore Energy UK Limited (hereinafter referred to as “the Appellants”) brought an appeal against a decision of the Western Cape High Court, when the court dismissed two interlocutory applications which sought to compel Central Energy Fund SOC Limited (hereinafter referred to as “CEF”) and Strategic Fuel Fund Association
Rand Mutual Assurance Company Ltd v Road Accident Fund (484/2007) [2008] ZASCA 114
Thursday, 13 February 2020
BACKGROUND Rand Mutual Assurance Co Ltd v Road Accident Fund, a Supreme Court of Appeal judgment delivered on 25 September 2008 considers the rights of insurance companies to sue third-party wrongdoers in their own names. The judgement has set precedent for the legal scope of the doctrine of subrogation. In this matter an employee of
- Published in 2020, Insurance Law
Pick n Pay Retailers (Pty) Ltd v Pine Valley Supermarket (Pty) Ltd (8209/2014) [2015] ZAKZDHC 27 (20 March 2015)
Wednesday, 12 February 2020
BACKGROUND Pick n Pay Retailers (Pty) Ltd (the “Applicant”) launched an urgent application to perfect its security in of the form of a general notarial bond (“the Bond”) held in favour of Pine Valley Supermarket (Pty) Ltd (the “Respondent”). The Applicant sought to perfect its security as a result of the Respondent’s failure to effect
- Published in 2020, Perfection of a General Notarial Bond
Lenferna v Lenferna (120/13) (2013) SCA 204 (2 December 2013)
Wednesday, 12 February 2020
BACKGROUND Marie and Phillippe Lenferna married each other in June 1983 in Mauritius. They moved to South Africa a month later and continued to live here until their divorce in November 2011. Marie commenced divorce proceedings in 2006, stating that the marriage relationship between her and Phillippe had irretrievably broken down. Marie contended that the
- Published in 2020, Family Law
