By Stef de Gouveia and Saul Mayers Background Fujitsu Services Core (Pty) Ltd (the “Plaintiff”) purchased and imported a consignment of laptops and accessories and engaged the services of Schenker South Africa (Pty) Ltd (the “Defendant”) to assist it as its freight forwarding agent pursuant to the commercial agreement (the “Agreement”) concluded between the parties.

Case summary written by Courtney Altmuner and checked by Danmari Duguid 5 December 2020 Background This is an interlocutory application brought before the High Court of South Africa, KwaZulu Natal Division, Pietermaritzburg (“the Court”), in terms of Uniform Rule 35(3) of the Uniform Rules of Court, in which the Applicant sought a copy of one

Case no: JA78/18 In the matter between: ESKOM HOLDINGS SOC LTD – Appellant NATIONAL UNION OF MINEWORKERS – First Respondent MI MAPONYA AND 7 OTHERS – Second Respondents Held: 21 November 2019Delivered: 06 January 2020 Summary: Contractual claim – employer implementing ad hoc salaryadjustment but not at the amount stipulated in the memorandum – employee

Case summary was written by Jarrod Van Der Heever and checked by Kirsten Chetty. 03 December 2020 Background: Sanele Samuel Mngomezulu (“the Appellant”) was brought before the Sebokeng Regional Court, together with four others, on a charge of murder read with section 51(1) of the Criminal Law Amendment Act 105 of 1997 (“the CLAA”). The

Case summary written by Tayla Bruce and checked by Lauren Squier.                                           03 December 2020 Background: The Plaintiff and the First Defendant entered into and concluded a supply agreement, in terms of which the Plaintiff would supply to the First Defendant certain diesel petroleum products (“the Agreement”). In accordance with the terms of the Agreement, the

Case summary was written by Celeste Frank and checked by Jordan Dias. 02 December 2020 Background: The Respondent was employed by the First Applicant for nine years as a salesman. His employment was terminated due to a breach of a restraint of trade obligation, which was applicable during his employment. It was common cause that

Case summary written by Wade O’Connor and checked by Stefan Bezuidenhout. 30 November 2020 Background: In 2019, the Labour Court (the “LC”) was tasked with reviewing an arbitration award as the applicant, Passenger Rail Agency of South Africa (“PRASA”), had averred that the Arbitrator had acted ultra vires. When section 198B of the Labour Relations

Written by Alisha Naik, Candidate Attorney and Jordan Dias, Associate 30 November 2020 Introduction: Despite the advent of our constitutional dispensation, domestic workers in South Africa remained exploited, undermined and devalued as a result of their lived experiences and the effects of intersecting forms of discrimination. This article will explore the judgment handed down by

Case summary written by Angela Paschalides and checked by Michal Asoulin and Charlotte Clarke 01 December 2020 BACKGROUND: The High Court of Justice of England and Wales (Commercial Court) (the “Court”) heard a case wherein pursuant to Civil Procedure Rule 19.2(2)(b) (“CPR 19.2(2)(b)”), Axa XL, a global property and casualty commercial insurance provider (“Axa”), applied

Case summary written by Ashleigh Butler and checked by Shaun Piveteau 30 November 2020 BACKGROUND: This matter deals with an appeal against the dismissal by the regional magistrate in the Mthatha Magistrate’s Court, of the first and second appellants’ (“Appellants”) damages claim against the first to third respondents (“Respondents”), for their unlawful arrest and detention.