UITZIG SECONDARY SCHOOL GOVERNING BODY AND ANOTHER v MEC FOR EDUCATION, WESTERN CAPE 2020 (4) SA 618 (WCC)

Case summary written by Marc Barros Gevers and checked by Kirsten Chetty. Background The parties in this matter are as follows: the First Applicant is the School Governing Body of Uitzig Secondary School (“the First Applicant”); the Second Applicant is Uitzig Secondary School (“the Second Applicant”); the First Respondent is the MEC for Education, Western
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The City of Johannesburg’s Disaster Management Rebate

By Chantelle Gladwin-Wood (Partner) and Lindokuhle Mashilo (Candidate Attorney)  Introduction This article will explain what kind of rebate is applicable to properties within the jurisdiction of the City of Johannesburg (“COJ”) municipal boundary, based on losses suffered as a result of COVID-19, as set out in the COJ’s 2020.2021 Rates Policy (a copy of which
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Subrogation in Insurance Contracts

By Lauren Squier, Associate and Kyle Venter, Candidate Attorney Introduction This article seeks to clarify the term “subrogation” and what this means to you as the insured. The central topics of discussion are primarily, what subrogation is, the doctrine of subrogation under English law, the insurers right to subrogation and the requirements for subrogation.   In
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Valla PTC Ltd v Faiman [2020] EWHC 1819 (Comm) (09 July 2020)

Case summary written by Angela Paschalides and checked by Michal Asoulin Background The High Court of Justice of England and Wales (Queen’s Bench Division Commercial Court) (the “Court”) heard a case in which Valla PTC Limited (the “Claimant”) applied for permission to issue an application, as well as an order for summary judgment against Jonathan
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Van der Walt v S [2020] ZACC 19

Case summary written by Elani Vogel and checked by Stefan Bezuidenhout Background In 2016, Dr Danie Van der Walt (“the Applicant”), an obstetrician and gynaecologist practising in the Witbank area, was convicted by the Regional Court of culpable homicide and sentenced to 5 years imprisonment on the basis that he acted negligently in the care
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Gewu v Mbanzeni and Another (251362019) [2020] ZAGPJHC 21

Written by Loyiso Bavuma and checked by Divina Naidoo Background This  case dealt with an opposed application by the Howard Gewu (“the applicant”) to compel Moses Mbanzeni (“the first respondent”) and Wax Engineering and Consultants (Pty) Ltd (“the second respondent”) to transfer into his name forty percent of the shares in the second respondent. The
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AR V HR (3565-2018) 2020 ZAECPEHC 10 (19 May 2020)

Case summary written by Celeste Frank and checked by Jordan Dias BACKGROUND The Applicant and Respondent were married to each other and at the time of divorce (which was granted on 18 May 2020), there were two minor children born of the marriage between the parties.  Incorporated in the decree of divorce was a settlement
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Business Partners Limited v Mmadi and Others [2020] ZAGPJHC 22

Written by Loyiso Bavuma and checked by Divina Naidoo Background: This present case was in relation to an application for summary judgment. On 17 November 2017, Business Partners Limited (“the applicant”) and JJH Supply and Projects (Pty) Ltd (“the principal debtor”) entered into a written agreement of loan (“the loan agreement”) in terms of which
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Busamed Health Care (Pty) Ltd and Others v M du Plessis Van der Nest SC N.O and Others (72746/2019) [2020] ZAGPPHC 275 (26 June 2020)

Case summary written by Snazo Tuswa and checked by Jordan Dias Background On 7 August 2019, M Du Plessis (“the Arbitrator”) handed down an award in arbitration proceedings (“Arbitration Award”), between the First, Second, Third Applicants, and the Second to the Eighth Respondents. Subsequent to such arbitration, the Arbitrator ordered compliance as to all participants
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Gobi Holdings Limted v Fairbridge Arderne and Lawton Incorporated t/a Fairbridges Wertheim Becker and Another (2019/12696) [2020] ZAGPJHC 167 (19 February 2020)

Case summary written by Courtney Altmuner (Candidate Attorney) and checked by Danmari Duguid (Associate) Background The Plaintiff, Gobi Holdings Limited (“Gobi”) appointed the Defendant, Fairbridge Arderne and Lawton Incorporated (“FAL”), a law firm who previously traded as Hogan Lovells South Africa, to act as its legal representative in a share sale transaction with Platinum Hospitality
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