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

Case summary written by Snazo Tuswa and checked by Jordan Dias Background On 15 April 2020, the Plaintiff served the Defendant with a notice of bar in terms of Rule 26 of the Uniform Rules of Court as the Defendant had failed to timeously deliver a plea in response to a combined summons. A notice

Case summary written by Precious Mmako and checked by Jordan Dias Background Facts The case deals with an appeal to the Constitution Court to determine whether the High Court has jurisdiction over an alleged unlawful termination of a fixed-term contract of employment. On 1 February 2019, Ms Baloyi (“the Applicant”)was employed by the Office of the Public Protector on a five-year

Case summary written by Frank Sebatana and checked by Dingumuzi Ndhlovu. 24 February 2021 Background The Applicant, Mr Coetzee, was an employee of Autohaus Centurion, which was the Respondent in this matter. The Applicant was dismissed by the Respondent as he was charged and found guilty of a charge in the Main and an alternative

Written by Danisha Naidu (Candidate Attorney) and checked by Danmari Duguid (Associate) Introduction Benjamin Franklin famously noted that there are only two guarantees in life – death and taxes. In this article, we deal with the former of these two guarantees by further delving into who is allowed to make the final decisions in relation