Scally v Feltra (Pty) Ltd (272/2019) [2019] ZAKZPHC 36 (11 June 2019)

SUMMARY Background Jeannette Valerie Scally (the “Applicant”) and Feltra (Pty) Ltd (the “Respondent”) concluded a sale agreement (the “Agreement”) in terms of which the Respondent would pay the full purchase price in 5 (five) instalments. The Respondent failed to effect payment of the second and remaining instalments timeously but part payments in lesser amounts were
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NPGS Protection and Security Services CC & another v FirstRand Bank Ltd (314/2018) [2019] ZASCA 94 (6 June 2019)

SUMMARY The matter before the Supreme Court Appeal (the “SCA”) dealt with the question of whether the Johannesburg High Court (“the court a quo”) was correct in granting summary judgment against the First and Second Appellants (“Appellants”). Should this question be answered in the affirmation, the question then would be whether the court a quo
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Department: Transport, Province of KwaZulu-Natal v Ramsaran & others (1274/2017) [2019] ZASCA 62 (23 May 2019)

SUMMARY On or about 25 November 2014, combined summons which were signed by Lambert Attorneys, cited the Department:  Transport, Province of KwaZulu-Natal (the “Department”) as the Plaintiff and nine employees of the Department as the Defendants. The particulars of claim to the summons alleged that the Defendants were involved in a fraudulent scheme that caused
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NPGS Protection and Security Services CC and Another v FirstRand Bank Ltd (314/2018) [2019] ZASCA 94 (6 June 2019)

BACKGROUND AND SUMMARY The Supreme Court of Appeal (“the SCA”) recently dismissed an appeal brought by NPGS Protection and Security Services CC (“the First Appellant”) and Mr. Llwellyn Rwaxa (“the Second Appellant”), herein after collectively referred to as “the Appellants” against a judgment of the High Court of South Africa, Gauteng Local Division, Johannesburg (“the
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Kekana v Road Accident Fund (206/17) [2018] ZASCA 75 (31 May 2018)

SUMMARY In August 1996, the Appellant (an employee of the the South African Police Service), was involved in a motor vehicle accident and suffered bodily injuries, whereafter a claim for damages was made against the Respondent, The Road Accident Fund (the ”Fund”).   After several settlement offers being made by the Fund during the course
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Lebeya v Matlala and Others (JR2330/16) [2019] ZALCJHB 155 (14 June 2019)

SUMMARY The factual background from which this decision arises concerns a dismissal on the grounds of misconduct.  Lonmin Platinum Mine (“the Employer”) dismissed Doctor Lebeya (“the Employee”) following a disciplinary enquiry in which he was found guilty of dishonest.   At the heart of the misconduct was two fraudulent travel claims submitted by the Employee.  
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South African Local Authorities Pension Fund v Mthembu & Another (20649/2015) [2015] ZASCA 205 (3 December 2015)

SUMMARY On 3 May 1997, the First Respondent became entitled to claim a child pension benefit from the Appellant on behalf of her daughter (“Mbali”), upon the death of her husband, who was a member of the Appellant.   The Appellant’s Pension Fund Rules (“the Rules”) contained a clause which prohibited the granting of a
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Harris v Rossouw (5178/2019) [2019] ZAWCHC 75 (21 June 2019)

BACKGROUND AND SUMMARY In this case, Shaun Harris (the “Plaintiff”) sought action proceedings to recover the sum of R531 361 plus interest thereon a tempore morae. The debt arose upon the Plaintiff and Rachel Rossouw (the “Defendant”) concluding a loan agreement in terms of which repayment was due, owing and payable (the “Agreement”). The claim
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Batohi v Roux (12476/2012) [2018] ZAKZDHC 56; [2019] 1 All SA 390 (KZD) (16 November 2018)

BACKGROUND AND SUMMARY The Defendant is a practicing neurosurgeon and the Plaintiff was his patient. During or about 2004, the Plaintiff consulted with the Defendant in respect of a nerve related pain. The Defendant operated on the Plaintiff to repair, inter alia, an intervertebral disc herniation. The operation was successful and the Plaintiff was rendered
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Motloung and Another v Sheriff, Pretoria East 2019 (3) SA 228 (GP)

SUMMARY The facts of the present matter can be summarised as follows: The plaintiff’s suffered a motor vehicle accident (“MVA”) in January 2007; As a result of the abovenmentioned MVA, the Plaintiff’s sought to claim compensation from the Road Accident Fund (“RAF”) through the institution of action proceedings; In 2011, action proceedings were purportedly instituted
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