Mhlupheki Willem Kubeka & Others v Ni-Da Transport (PTY) LTD (D 726-18;J 5386-17) [2019] ZALCD 1
Thursday, 25 April 2019
SUMMARY The applicants instituted a claim for arrear wages in terms of section 77(3) of the Basic Conditions of Employment Act. The application was based on a judgment from the Labour Court, that the applicants be reinstated, retrospectively to the date of their unfair dismissals, and that the applicants report for duty within 14 days
- Published in 2019, Labour Law, News
No Comments
Bothongo Agriculture GP (Pty) Ltd v Kerbyland (Pty) Ltd and 2 Others (18781/2018) [2019] ZAGPHC 42 (22 February 2019)
Wednesday, 17 April 2019
BACKGROUND AND SUMMARY Bothongo Agriculture GP (Pty) Ltd (the “Applicant”) owns the Rhino and Lion Reserve, a plot of land adjacent to the property in respect of which the application was launched (the “Property”). The Applicant sought to acquire the Property from the first respondent, Kerbyland (Pty) Ltd (the “First Respondent”), which Property was being
- Published in News, 2019, Sale of Immovable Property
Britz NO v Strydom and Another (2849/2018) [2019] ZAECPEHC 17 (29 March 2019).
Tuesday, 16 April 2019
SUMMARY The Applicant in this matter, as the nominated executrix of her deceased husband’s estate, sought an order of ejectment, by the High Court of the Eastern Cape Local Division, against the First Respondent in respect of premises previously owned by the deceased. The First Respondent is the deceased’s nephew and heir of the only
- Published in 2019, Estates and Trusts, News
Tiekiedraai Eiendomme (Pty) Limited v Shell South Africa Marketing (Pty) Limited [2019] ZACC 14
Tuesday, 16 April 2019
SUMMARY This case concerned the Constitutional Court’s amplified jurisdiction to hear cases that do not raise a constitutional issue in the context of an application for leave to appeal premised on a contractual dispute. Factually the case concerned a dispute around the right of pre-emption envisaged in the lease agreement between the respective parties.
- Published in 2019, Appeals, Civil Procedure, Constitutional Court’s Appeal Jurisdiction, News
David Kassel v Thompson Reuters (Markets) SA (16/34227) [2018] ZAGPJHC 413; 2019 (1) SA 251 (GJ) (12 June 2018)
Friday, 12 April 2019
SUMMARY Mr Kessel (“Applicant”) was a non-executive director of Mbada Diamonds Ltd (“Mbada”), which was a joint venture with the Zimbabwean Government. The Applicant relinquished his position as a non-executive director of Mbada on 8 October 2014. Thompson Reuters (“Respondent”) has an international database of Politically Exposed Persons (“PEPs”) and provides a service to subscribers
- Published in 2019, Defamation, News
The National Treasury v Kubukeli (20567/2014) [2015] ZASCA 141 (30 September 2015)
Wednesday, 10 April 2019
SUMMARY The National Treasury (the “First Appellant”) mandated a team of investigators to conduct an in-depth investigation relating to allegations of financial irregularities in respect of the hiring of motor vehicles by the executive mayor of the OR Tambo District Municipality (the “Second Appellant”). Pumlanni Kubukeli (the “Respondent”) is employed by the Second Appellant as the
- Published in 2019, Constitutional Law, News
Competition Commission of South Africa v Hosken Consolidated Investments Limited and Another (CCT296/17) [2019] ZACC 2 (1 February 2019)
Monday, 08 April 2019
BACKGROUND AND SUMMARY On 1 February 2019, the Constitutional Court of South Africa, upheld an appeal and replaced the order of the Competition Appeal Court, instead ordering that the proposed transaction between Hosken Consolidated Investments Limited (“HCI”) and Tsogo Sun Holdings Ltd (Tsogo) in 2017 did not constitute a notifiable merger in terms of s13A
- Published in 2019, Competition Law, News
Centriq Insurance Company Limited v Oosthuizen and Another (237/2018) [2019] ZASCA 11 (14 March 2019)
Monday, 08 April 2019
SUMMARY This is an appeal by Centriq Insurance (Centriq) against a ruling holding it liable to its insured member, a financial advisor (Mr Castro), under a professional indemnity policy. Mr Castro advised Mrs Marisa Vogel Oosthuizen (the Respondent), who is a widow, to invest the proceeds of her deceased husband’s policy in an amount
- Published in 2019, Insurance Law, News
CDH Invest NV v Petrotank South Africa (Pty) Ltd and Others (483/2018) [2019] ZASCA 53 (1 April 2019)
Friday, 05 April 2019
BACKGROUND AND SUMMARY The Supreme Court of Appeal (the “SCA”) recently upheld a decision of the High Court of South Africa, Gauteng Local Division, Johannesburg (the “court a quo”), concerning a decision adopted by written consent of the majority of directors in terms of section 74 of the Companies Act No. 71 of 2008 (the
