Written by Loyiso Bavuma and checked by Charlotte Clarke BACKGROUND: The parties, in this case, are Camp Discovery (Pty) Ltd (the “Applicant”) and Infusion Construction & Concrete Treatment (Pty) Ltd(the “Respondent). The Applicant wishes to rescind a court order and have it replaced with an order allowing the Applicant to continue with its claim and

Written by Loyiso Bavuma and checked by Simone Jansen van Rensburg BACKGROUND This matter relates to an application for the rescission of a default judgment, a request for an order for costs in respect of proceedings which did not occur on 4 May 2020 and a request for condonation by the applicants for the late

Case summary written by Celeste Frank and checked by Jeannique Booysen. 04 November 2020 BACKGROUND On 29 April 2020, the accused, namely Sergio Baron stole 8 (eight) chocolates to the value of R71,92 from Shoprite in Ceres. After his rights to legal representation were explained to him, he elected to conduct his own defence and

Case summary written by Tayla Bruce and checked by Jordan Dias. 04 November 2020 BACKGROUND On 12 October 2010, Brocsand (Pty) Ltd (“Brocsand”) and Full Score Trading CC (“Full Score”) concluded an agreement in terms of which Brocsand was appointed to render mining services in respect of the minerals located on a farm (“Red Hill

By Chantelle Gladwin-Wood (Partner), Anja van Wijk (Senior Associate), and Marc Gevers (Candidate Attorney) October 2020 Introduction This article is one in a series on expropriation, which looks at some of the fundamental legal issues surrounding expropriation in the context of the revised Expropriation Bill published for comment 9 October 2020 (“Expropriation Bill”). [1] This

Case summary written by Snazo Tuswa and checked by Jordan Dias 26 October 2020 BACKGROUND This matter is premised on a performance guarantee, which is a bond issued to one party of a contract as a guarantee against the failure of the other party to meet obligations specified in the contract. It is usually provided by a bank or

By Stef de Gouveia and Keane Robertson BACKGROUND In an application for leave to appeal, the Johannesburg Roads Agency’s (the “JRA”) application was dismissed with costs and Vumacam Proprietary Limited’s (“Vumacam”) application in terms of section 18 of the Superior Courts Act 10 of 2013 (the “Act”) was granted.  The JRA, discontent with the order

Case summary written by Elani Vogel and checked by Stefan Bezuidenhout 27 October 2020 BACKGROUND The University of Pretoria Law Clinic (“the Appellant”), among others, brought an application challenging the constitutional validity of section 10 of the Births and Deaths Registration Act (“the Act”) in the Court a quo, which application was dismissed in a

REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA, EASTERN CAPE DIVISION, GRAHAMSTOWN CASE NO: CA 319/2018