Mlenga v S (A08/2019) [2019] ZAFSHC 132 (1 August 2019)

SUMMARY This case deals with an application for leave to appeal a sentence handed down by the Welkom Regional Magistrates Court. The facts of the case are as follows:   Facts On or about 25 January 2015, the Appellant (Mr. Mlenga) and his two co-accused were relaxing outside their rented premises in Welkom. They were
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NPGS Protection and Security Services CC & another v FirstRand Bank Ltd (314/2018) [2019] ZASCA 94 (6 June 2019)

SUMMARY The matter before the Supreme Court Appeal (the “SCA”) dealt with the question of whether the Johannesburg High Court (“the court a quo”) was correct in granting summary judgment against the First and Second Appellants (“Appellants”). Should this question be answered in the affirmation, the question then would be whether the court a quo
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Mthethwa v Department of Health: Gauteng Province and Another (JR2485/12) [2019] ZALCJHB 166 (25 June 2019)

SUMMARY On analysis of the factual matrix, the dispute at hand emanated from the unfair dismissal of TP Mthethwa (“the Employee”) by the Department of Health: Gauteng Province (“the Employer”).  The Employee initially referred the unfair dismissal dispute to the relevant bargaining council where the Employee was unsuccessful, being dissatisfied with that outcome, the Employee
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Mvubu v Pharmaceutical Contractor (Pty) Ltd (JS845/17) [2019] ZALCJHB 186 (31 July 2019)

SUMMARY Richard Mvubu, the Applicant (“Employee”), was permanently employed by Pharmaceutical Contractor (Pty) Ltd, the Respondent (“Employer”). The Employee was employed to work the night shift in the manufacturing and granualtion unit of the Employer. Following an attempted armed robbery with a demand for ransom at the Employer’s premises, the Employer initiated retrenchment proceedings in
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Department: Transport, Province of KwaZulu-Natal v Ramsaran & others (1274/2017) [2019] ZASCA 62 (23 May 2019)

SUMMARY On or about 25 November 2014, combined summons which were signed by Lambert Attorneys, cited the Department:  Transport, Province of KwaZulu-Natal (the “Department”) as the Plaintiff and nine employees of the Department as the Defendants. The particulars of claim to the summons alleged that the Defendants were involved in a fraudulent scheme that caused
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Boreholes and Water Use Rights/Allocations

Introduction The recent water restrictions have brought into sharp focus how even “first world” cities like Johannesburg are battling to manage their water resources in a sustainable manner. Johannesburg Water SOC Ltd and the City of Johannesburg Metropolitan Municipality (“COJ”) are accordingly promoting the use of borehole water as an alternative to the conventional municipal
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Minister of Defence and Military Veterans v Maswanganyi [2019] ZASCA 86 (31 May 2019) (739/18)

SUMMARY On or about 31 May 2019, the Supreme Court of Appeal (the “SCA”) upheld an appeal against a judgment and order of the Gauteng Local Division of the High Court, Pretoria (Raulinga J, sitting as court of first instance) (the “High Court”). The matter concerned itself with the interpretation of s 59(1)(d) of the
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National Union of Metal Metalworkers of South Africa and Another v Aveng Trident Steel (A Division of Aveng Africa Proprietary Limited) and Others (JA25/18) [2019] ZALAC 36 (13 June 2019)

BACKGROUND In 2014, Aveng Trident Steel (“Aveng”) initiated a consultation process in terms of section 189 of the Labour Relations Act (“the LRA”) with the union NUMSA. Aveng recognised that a reduction of staff would not be sufficient to resolve its operational problems. It needed to achieve an improvement in productivity as well by, inter
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Jacoti Construction CC v PHG Group CC (6006/2017) [2019] ZAFSHC 120 (18 July 2019)

SUMMARY PHG Group CC (“the Defendant”) raised an exception to Jacoti Construction CC (“the Plaintiff’s”) Summons and Particulars of Claim based on the fact that they lacked certain averments in order to adequately sustain a cause of action.   Subsequently, the Defendant’s exception was upheld and the Plaintiff was ordered to pay costs of the
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Fischer v Ubomi Ushishi Trading CC and Others 2019 (2) SA 117 (SCA).

BACKGROUND AND SUMMARY This matter considered whether a real right to a half-share in immovable property vests in a spouse, immediately after the dissolution of a marriage. More specifically, the court was tasked with determining whether the real right to the half-share in the immovable property vested in terms of a court order, incorporating a
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