Firstrand Bank Ltd v The Land and Agricultural Development Bank of South Africa (436/13) [2014] ZASCA 115 (18 September 2014)

SUMMARY Court a quo: Firstrand Bank Limited (“Firstrand”) registered a general notarial bond (“GNB”) over all of the movable assets of Rubaco Boerdery (Edms) Bpk (“Rubaco”). Prior to the liquidation of Rubaco, Firstrand obtained an order perfecting its GNB to the amount of R5,500,000.00 (Five Million and Five Hundred Thousand Rand). Thereafter, the sheriff of
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Lesedi v Commission for Conciliation, Mediation and Arbitration and Others (JR667/15) [2018] ZALCJHB 57 (15 February 2018)

SUMMARY This matter concerns a review application brought about by Moeti John Lesedi (the “Applicant”) who is reviewing an arbitration order made by the Commission for Conciliation, Mediation and Arbitration (the “CCMA”), who is the First Respondent in the matter and Commissioner Timothy Boyce (the “Second Respondent”). The Applicant’s review application concerns Dischem Pharmacies (the
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Deeds Office v Municipalities: The 60 Day Rule and Rates Clearances

Introduction This article examines the legal and practical effect of Chief Registrar’s Resolutions 2 and 4 of 2018, which prescribe that a rates clearance certificate (“RCC”) is only valid for the purposes of facilitating the transfer of the property in the Deeds Office for a period of 60 days from the date of issue thereof,
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Minister of Defence and Military Veterans and Another v Mamasedi 2018 (2) SA 305 (SCA)

SUMMARY In casu, Mr Jonas Molefi Mamasedi (“Mamasedi”), who held the rank of sergeant in 1 South African Tank Regiment in the South African National Defence Force (“SANDF”), was absent without leave for a period of 36 (Thirty six) days. Upon his return and in terms of s 59(3) of the Defence Act 42 of
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Expropriation #1: Amendments to Section 25?

By Chantelle Gladwin-Wood, Partner and Anja van Wijk, Associate Introduction The threat of the apparent introduction of expropriation without compensation (“EWC”) into South African law is causing a lot of anxiety among many South Africans, particularly property owners. There are many controversial questions doing the rounds, some of which are (purposely) being sensationalized by the
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Liberty Group Ltd v Erasmus NO (54534/2011) [2018] ZAGPPHC 497 (11 July 2018)

BACKGROUND Chartered Life Insurance Company Ltd, later known as Liberty Active Ltd, ceded, to the Plaintiff, all its rights and interests in and to any claim that may arise from the payment of commissions from the broking agreements concluded by ECE. The eight defendants independently bound themselves as sureties and co-principal debtors in solidum to
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SJ v SE (not yet reported)

SUMMARY In casu, the Respondent sought, inter alia, an order declaring that Rule 43 of the Uniform Rules of Court does not apply to Islamic marriages and in circumstances where a Talaq has been issued.   The parties were married to each other under Islamic Law and 2 (two) children were born of the marriage.
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Eskom Holdings Limited v Halstead-Cleak ZASCA 150 (30 September 2016)

SUMMARY The Respondent, Mr Halstead-Cleak, came into contact with a low hanging power line whilst cycling. He suffered electrical burns as a result. At the time of the incident, the power line was not supplying or required to supply electricity to anyone. However, after sustaining severe electrical burns, the Respondent issued a summons against Eskom
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Twincare International (Pty) Ltd v Nel (J2249/17) [2018] ZALCJHB 245 (20 July 2018)

SUMMARY In 2006 the Twincare International (Pty) Ltd (“Twincare 1”) entered into an employment agreement with Deborah Nel (“Nel”), containing confidentiality and restraint of trade clauses. As an employee of Twincare, Nel was involved in the education of staff members of Twincare’s clients regarding the various beauty and skincare products that Twincare produces. In 2013,
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Long Beach Home Owners Association v Department of Agriculture, Forestry and Fisheries and Another 2018 (2) SA 42 (SCA) (22 September 2017).

SUMMARY The subject matter of the dispute between the parties to this appeal is a natural forest. The forest comprises a sensitive dune forest ecosystem and is a critical biodiversity area. The source of the dispute is that the owners of seven properties located within the forest, represented by the appellant, the Long Beach Home
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