NPGS Protection and Security Services CC and Another v FirstRand Bank Ltd (314/2018) [2019] ZASCA 94 (6 June 2019)

BACKGROUND AND SUMMARY The Supreme Court of Appeal (“the SCA”) recently dismissed an appeal brought by NPGS Protection and Security Services CC (“the First Appellant”) and Mr. Llwellyn Rwaxa (“the Second Appellant”), herein after collectively referred to as “the Appellants” against a judgment of the High Court of South Africa, Gauteng Local Division, Johannesburg (“the
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Kameel v Master of the High Court Bloemfontein and Another (A230/2018) [2019] ZAFSHC 129 (1 August 2019)

SUMMARY This appeal, against the decision of a single Judge, to the full bench of the High Court, dealt with authenticity of various documents executed by SS Monyane (“the deceased”), and whether they were intended to be her last will and testament. BACKGROUNDThe appellant, the deceased’s daughter, was appointed as the Master’s representative in terms
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B-BBEE – A BROAD OVERVIEW

Introduction This article aims to provide a basic overview on the workings of Broad-Based Black Economic Empowerment (hereinafter “B-BBEE”), having particular regard to the Codes of Good Practice on Broad-Based Black Economic Empowerment published in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act No. 53 of 2003 (hereinafter “the Act”), as amended
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Fines and Penalties in Community Schemes

Introduction This article deals with the legal issue of what fines and penalties are in relation to community schemes (such as a sectional title schemes, share blocks and homeowner’s associations, also known as private estates (“Estates”)). We look at the relevant laws governing the topic and explain the implications thereof. What are Fines and Penalties?
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Does the Mandament Van Spolie Protect Commercial Tenants?

It was emphatically confirmed by the Supreme Court of Appeal in Eskom Holdings SOC Ltd v Masinda that the mandament van spolie (“the mandament”) does not have a “catch-all” function and that it cannot operate as a remedy to restore possession of electricity/water supply to a property in a contractual dispute where the right to
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National Credit Regulator v Standard Bank of South Africa LTD and South African Human Rights Commission.

SUMMARY In casu, the issue for the court’s determination was whether sections 90(2)(n) and 124 of the National Credit Act, 34 of 2005, (“the NCA”) render the common law right of set-off inapplicable in respect of credit agreements that are subject to the NCA.   The common law right of set off allows one debt
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Standard Bank of South Africa Limited v McCrae (21128/2015) [2019] ZAGPJHC 206 (25 June 2019)

BACKGROUND AND SUMMARY On 12 November 2009, a written loan agreement had been concluded between the Applicant and of Strike Productions (Pty) Ltd (“Strike”) (the “Loan”). In terms of the Loan, an event of default would occur if Strike was liquidated. In such instance, the Standard Bank of South Africa Limited (the “Applicant”) would require
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National Home Builders’ Registration Council & Another v Xantha Properties 18 (Pty) Ltd (780/2018, 784/2018) [2019] ZASCA 96 (21 June 2019)

SUMMARY Background This appeal dealt with whether Xantha Properties 18 (Pty) Ltd (the “Respondent”), registered as a “home builder” in terms of section 1 of the Housing Consumers Protection Measures Act 95 of 1998 (the “Act”), was compelled to adhere to section 14(1) of the Act with regard to homes built only for purposes of
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Molehe v Public Health and Social Development Sectoral Bargaining Council and Others (167/2014) [2019] ZALCCT 19 (2 August 2019)

SUMMARY This case deals with the review of an arbitration award which was issued on 17 March 2013. Below, are the facts that lead to the aforementioned arbitration award.   Lucas Moeketsi Molehe (“the Applicant”) was employed by the Department of Social Development, Free State Province (“the third Respondent”), as a social auxiliary social worker,
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Merchant West (Pty) Ltd v Cell C (Pty) Ltd (17/22900) [2019] ZAGPJHC 26 (7 February 2019)

BACKGROUND AND SUMMARY The application involves the interpretation of a lease agreement (“the lease agreement”) between Merchant West (Pty) Ltd (“the Applicant”) and Cell C (Pty) Ltd (“the Respondent”). The lease agreement was made up of a Master Rental Agreement (“the MRA”) concluded on 19 December 2013, a side letter dated 4 December 2013 and
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