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

Case summary written by Alisha Naik, Candidate Attorney and checked by Jordan Dias, Associate 3 March 2021 Background The Airline Pilots Association of South Africa (“the Applicant”) represented 96% of the pilots employed by the First Respondent, South African Airways (“SAA”). In the present case, the Applicant sought an order, on an urgent basis, declaring

Case summary written by Jarrod Van Der Heever and checked by Courtney Altmuner. Background The Minister of Police (“the Applicant”) brought an Application in the Pretoria High Court (“the Court”) against the Sheriff Pretoria Central (“the First Respondent”) and three others (collectively referred to hereinafter as “the Respondents”) for an order that costs be unreserved

By S’negugu Dlamini, Candidate Attorney and Chantelle Gladwin-Wood, Partner Introduction The City of Johannesburg Metropolitan Municipality (“COJ”) often threaten people if they haven’t paid all amounts that the invoices reflect are owed. Sadly, we know that in many cases, the invoices are incorrect and a portion or even the whole of the amounts demanded, are