Case summary written byDean Scher and checked byLoyiso Bavuma 19 March 2021 BACKGROUND This was an application wherein the plaintiff (“the Applicant”) sought summary judgment against the defendant (“the Respondent”) founded upon a breach of a written instalment sale agreement (“the agreement”) concluded between the parties in respect of a motor vehicle. In the action,
By Chantelle Gladwin- Wood, Partner, Maike Gohl, Partner and Avyakta Sing, Candidate Attorney 17 March 2021 INTRODUCTION The supply of electricity by Eskom to commercial and domestic areas across South Africa has always been a challenging task. Load shedding has become a huge issue in our country. However, to reduce the amount of load shedding
Written by Eileen Dexter, Candidate Attorney and Dingumuzi Ndhlovu, Associate INTRODUCTION The Recognition of Customary Marriages Act (120 of 1998) (the “RCMA”) brought about fundamental changes to the legal position of a customary marriage in South African law. The RCMA ensured that a customary marriage is, for all purposes in South African law, recognised as
Case summary written by Denis Pokani Mitole and checked by Ayanda D Katjitae. 15March 2021 BACKGROUND The Applicant, Vuyisile Zamindlela Nondabula (“the Applicant”) brought an application interdicting the First Respondent, the Commissioner of South African Revenue Service (“the First Respondent”) from invoking section 179 of the Tax Administration Act No. 28 of 2011 (‘the Act”)
Written by Eileen Dexter, Candidate Attorney and Chantelle Gladwin-Wood, Partner INTRODUCTION It is common that people accused of violent crimes commonly rely on the defence of non-pathological or sane automatism to escape liability for violent crimes. Consider the following scenario. Xavier is a very aggressive husband who enjoys drinking alcohol every evening. Zanette on the
By Lisa Schmidt, Assosiate, Kyle Venter, Candidate Attorney, and Marc Gevers, Candidate Attorney INTRODUCTION Amidst the uncertainty faced during the Covid-19 pandemic, a question that is often asked by homeowners within sectional title schemes is whether or not levies, which are ordinarily payable, will still be payable. WHAT ARE LEVIES?[1] Firstly, it is necessary to
Case summary written by Celeste Frank and checked by Jordan Dias. 12 March 2021 BACKGROUND This appeal is against the judgment and order of the Labour Court handed down on 16 February 2018, in terms of which the review application brought by the Appellant, Cashbuild (Pty) Ltd (“Cashbuild”), was dismissed with costs. The Third Respondent,
Case summary written by Angela Paschalides and checked by Michal Asoulin and Charlotte Clarke (Solicitor of England and Wales) 10 March 2021 Background: The High Court of Justice of England and Wales (Commercial Court, Queen’s Bench Division) (the “Court”) heard a case wherein the Court had to consider the legal framework of sections 423 and
Written by Stef de Gouveia and checked by Sean Buskin Background: In this matter, Jaycen Trevor Dale (the “Applicant”) sought an eviction order against Michaela Sarah Newey (the “First Respondent”) in the South Gauteng High Court (the “Court”), which the First Respondent opposed. The Second Respondent did not participate in proceedings. Gilbert AJ (“Gilbert”) was
By Denis Pokani Mitole, Candidate Attorney and Chantelle Gladwin-Wood, Partner 3 March 2021 INTRODUCTION This short essay discusses what window dressing in Black Economic Empowerment (BEE) is and what the consequences are. It also looks at how window dressing applies to the legal profession. To order the essay, the author discusses BEE history (origins), its