By Sean Buskin and checked by Lauren Squier      Background This case concerns an application by the business rescue practitioner (“the Practitioner”) of Ramagale Holdings (Pty) Ltd (“Ramagale”) in order to provisionally wind-up Ramagale. The application was opposed Peter Naledzani Ramaite (“Ramaite”) and Lorenso Manenti (“Manenti”), being shareholders and directors of Ramagale.  The Practitioner

By Courtney Altmuner and checked by Caitlin Wilde       Background Ekurhuleni West College (“the Appellant”), a public college and juristic person entered into a written building contract (“the Contract”) with Trencon Construction (Pty) Ltd (“the Second Respondent”), in terms of which the Second Respondent was to build a conference centre on the premises

By Lindokuhle Mashilo and checked by Kirsten Chetty BACKGROUND This case was an appeal to the Labour Appeal Court (“LAC”), against the whole judgment of the Labour Court (“court a quo”) wherein it was held that the business rescue practitioners’ (“BRPs”) conduct, in issuing a notice in terms of section 189(3) of the Labour Relations

By Angela Paschalides and checked by Michal Asoulin Background The High Court of Justice (Queen’s Bench Division Commercial Court) (the “Court”) heard a case in which P (the “Claimant”) made an application pursuant to section 68 of the Arbitration Act (the “Act”) in respect of an award made in an arbitration in which the Claimant

By Wade O’Connor and checked by Jordan Dias BACKGROUND In 2019, the North Gauteng High Court (the “Court”), was tasked with dealing with inter alia the question of whether or not an irrevocable offer could be deemed to be revocable. On 14 May 2015, Van’s Auctioneers Gauteng CC (the “Auctioneers”), acting on behalf of the

By Justin Sloane (Partner) and Jarrod Van Der Heever (Candidate Attorney) 1. Introduction Mistakes happen – this is a part of life. However, certain mistakes are accompanied with far-reaching consequences. Individuals often seek to avoid criminal convictions due to their negative consequences. However, just because you have a criminal record does not mean that you

By Marc Barros Gevers and checked by Divina Naidoo                       Background The parties in this matter are as follows: the Plaintiff is, an adult female, named Macatsha (“the Plaintiff”); and the Defendant is the Road Accident Fund (“the Defendant”). This case, as above cited, specifically deals with a judgment on the merits, the quantum

By Kyle Venter and checked by Lauren Squier       Background The Applicant in this matter is Mr. Mlungisi Ndoda Sontsele (“the Lessor”), who is the registered owner of Erf 83, Flagstaff (“the Property”) together with his mother who has usufructuary rights over the Property.  The First Respondent is 140 Main Street, Kokstad Properties CC, a

Case summary written by Megan Brook and checked by Simone Jansen van Rensburg Background facts The members of the Association of Mineworkers and Construction Union (“AMCU”) referred a dispute to the Commission for Conciliation, Mediation and Arbitration (“CCMA”) against their employer, Murray and Roberts (Pty) Ltd (“Appellant”) in pursuit of being granted organisational rights.  First

By Megan Brook and checked by Jayna Hira Main issue The constitutional validity of reasonable and moderate chastisement by a parent to their child. Background The matter began as a trial of assault with intent to do grievous bodily harm in the Johannesburg Magistrates Court whereby a father abused his 13 (thirteen) year old son