S v Diki (CC82/2018) [2018] ZAECGHC 130 (11 December 2018)
Thursday, 14 February 2019
SUMMARY The Accused was charged with 3 counts to which he pleaded as follows: (1) Not guilty to housebreaking with intent to commit rape; (2) Not guilty to rape; and (3) Guilty to attempted murder. The Accused entered into a plea explanation in which he stated as follows: On his way home, the Accused saw
- Published in News, 2019, Criminal Law
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Securitas Specialised Services (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (JR 189/12) [2018] ZALCJHB 356(6 November 2018).
Wednesday, 13 February 2019
SUMMARY The factual matrix from which this judgment transpires concerns an Arbitrator’s award. Securitas Specialised Services (Pty) Ltd (“the Employer”) dismissed Edward Pheme (“the Employee”) following an internal disciplinary enquiry into the Employee’s misconduct (failure to visit clients for 7 months). The chairperson found the Employee guilty of the misconduct and recommended a sanction of
- Published in News, 2019, Labour Law
Ritz Plaza (Proprietary) Limited v Ritz Hotel Management Company (Proprietary) Limited (20753/17) [2018] ZAWCHC 60; [2018] 3 All SA 583 (WCC) (28 May 2018)
Monday, 11 February 2019
BACKGROUND On 11 October 2016, the applicant company (“the lessor”) concluded a written lease agreement (“the lease”) with the respondent (“the lessee”) in terms whereof the hotel and the property on which it is located were leased to it for a period of 20 years. By the end of 2016, the lessee began defaulting on
- Published in News, 2019, Contract Law
Carmichael-Brown v Liquid Telecommunications (Pty) Ltd (JS987/17) [2019] ZALCJHB 6 (23 January 2019)
Thursday, 07 February 2019
SUMMARY Valerie Carmichael-Brown (hereinafter “the Applicant”) approached the Court in order to have a subpoena issued against her, by Liquid Telecommunications (Pty) Ltd (hereinafter “the Respondent”), set aside on the basis that the Respondents had abused court processes in respect of issuing same. The cause of action in said case arose in 2017 where the
- Published in News, 2019, Labour Law
BACKGROUND AND SUMMARY On 30 July 2018, the High Court of South Africa, Gauteng Division, Pretoria (the “Court”), declared that the decision taken by the Minister of International Relations and Cooperation (the “Minister”) to confer immunity and privileges on Dr Grace Mugabe (“Mugabe”) as the spouse of the then President of Zimbabwe, Robert Mugabe, was
- Published in News, 2019, International Law
Water Heating Systems – Legislative Amendments
Thursday, 07 February 2019
By Chantelle Gladwin-Wood, Partner and Kyle Venter, Candidate Attorney Introduction Are we in hot water? The image that immediately springs to mind is that of a lobster being so slowly boiled alive that it doesn’t realise what’s happening. Amidst the never-ending Eskom debacle of spiralling tariffs, load shedding and tales of corruption our Legislature has
- Published in News, 2019, Municipal Law, Property Law
Roazar CC v The Falls Supermarket (232/2017) [2017] ZASCA 166
Wednesday, 06 February 2019
SUMMARY The Appellant, Roazar CC (“Roazar”), sought an order on appeal evicting the Respondent, the Falls Supermarket CC (“The Falls”), from a shopping centre owned by Roazar at which The Falls had been conducting a business known as “The Spar”. On 2 February 2016, The Falls wrote to Roazar stating it wished to renew the
- Published in News, 2019, Constitutional Law, Contract Law
7 Common Mistakes to avoid when Cancelling a Lease Agreement
Monday, 04 February 2019
By Anja van Wijk, Senior Associate, and Chantelle Gladwin-Wood, Partner Introduction This article deals with the 7 most common mistakes made in cancelling an occupant’s right to reside on the property. Cancelling the Occupant’s right The Constitution[1] provides that no one may be evicted from their home without a court order authorizing the
- Published in News, 2019, Municipal Law, Property Law
