Tax Filing Season 2020

Written By Angela Paschalides, Candidate Attorney and Chantelle Gladwin-Wood, Partner Introduction In an attempt to alleviate the far-reaching consequences of the COVID-19 pandemic on the dwindling fiscus, the South African Revenue Service (“SARS”) has embarked on a revision of certain key aspects of the personal income tax filing procedure for the 2020 season.  This article
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BF v RF (2017/5018A) [2018] ZAGPJHC 699

Case summary written by Celeste Frank and checked by Jordan Dias Background On 20 February 1993, the Appellant and the Respondent were married out of community of property with the inclusion of the accrual system. The parties were presently in divorce proceedings and disputed a clause of their ANC excluding, inter alia, certain shares from
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NH OBO ERH V Schindlers Lifts SA (Pty) Limited and Another [2020] JOL 48342 (KZD)

Case summary written by Courtney Altmuner and checked by Danmari Duguid  Background The plaintiff, as mother and natural guardian of her minor son (“ERH”), instituted an action in delict against the defendants, Schindler Lifts SA (Pty) Ltd (“Schindler Lifts”) and Old Mutual Limited (“Old Mutual”) for damages in the amount of R7 250 000.00.  On
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Roberts Brother Construction (Pty) Ltd and Mpumalanga Construction (Pty) Ltd v National Union of Metalworkers (“NUM”) & Others

Case summary written by Alisha Naik and checked by Jordan Dias  Background The appellants were jointly engaged in a rural bridge construction project in the Eastern Cape. The employees, who were construction workers residing in huts onsite, embarked on a 2-day unprotected strike (“the strike”) as they were aggrieved about their living conditions.  The employees
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Jacobs N.O and others v Hylton Grange (Pty) Ltd and others [2020] JOL 46690 (WCC) (27 February 2020)

Case summary written by Phathu Ratshitanga and checked by Kirsten Chetty Background This case concerns an alleged unlawful nuisance in the form of an offensive odour. The matter was initially heard before a single judge in the Western Cape Division of the High Court of South Africa (“the Court a quo”) and was later taken
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Women in Capital Growth (Pty) Ltd and Another v Scott and Others (1193/2019) [2020] ZASCA 95 (20 August 2020)

Case summary written by Snazo Tuswa and checked by Jordan Dias Background In February 2019, Women In Capital Growth (Pty) Ltd and Akhona Trade & Investment (Pty) Ltd (“The Appellants”) each gave an irrevocable undertaking in favour of Mpho Scott (“the First Respondent”) and Abdoolrawoof Ahmed (“the Second Respondent”) to vote their shares in African
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Vumacam (Pty) Ltd v Johannesburg Roads Agency and Others

By Stefano de Gouveia, Candidate Attorney and Keane Robertson, Partner Background:  The applicant in this matter, Vumacam (Pty) Ltd (“Vumacam“) has over time sought wayleaves from the first respondent, the Johannesburg Road Agency (“JRA“). More recently, however, Vumacam has been unable to secure any wayleaves due to the JRA refusing to consider Vumacam’s wayleave applications. 
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Kuyasa Mining (Pty) Ltd and Another v Eskom Holdings SOC Limited (02966/2020) [2020] ZAGPJHC 175 (7 August 2020)

Case summary written by Sean Buskin and checked by Stefan Bezuidenhout Background This case concerns a coal supply agreement (“the Agreement”, entered into in September 2011 between Kuyasa Mining (Pty) Ltd (“the First Applicant”), Delmas Coal (Pty) Ltd (“the Second Applicant”) and Eskom Holdings Soc Limited (“the Respondent”), sought to be cancelled by the First
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Can COJ be held liable for its Negligence/Failures?

By Chantelle Gladwin-Wood (Partner) and Maike Gohl (Partner) Introduction  A question commonly asked by consumers is whether the COJ will be compensating them for their difficulty in dealing with the COJ in investigating and resolving their queries.  This is because it can take months (or even years), and costs thousands of Rands in expert’s reports/assistance
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South Africa Cracks Down on Revenge Porn

Written by Megan Brook, Candidate Attorney and Justin Sloane, Partner Introduction Unfortunately, far too many unkind and insensitive individuals in society today spread private and sexually explicit videos or images of their former partners or lovers to the public and other individuals with the aim of punishing or humiliating them. This is a form of
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