Minister of Safety and Security v South African Hunters and Game Conservation Association [2018] ZACC 14 (CC).

SUMMARY Gun ownership is not a fundamental right under our Bill of Rights, rather, it is a privilege regulated by law under the Firearms Control Act 60 of 2000 (“the Act”), which aims to establish and ensure a comprehensive system of firearm control and lawful possession. The Act regulates this privilege by prescribing specific mandatory
Read more
No Comments

ST v CT (1224/16) [2018] ZASCA 73; [2018] 3 All SA 408 (SCA) (30 May 2018)

BACKGROUND In this bitterly contested divorce which was between an experienced silk Advocate (“Mr ST” “the Appellant”) and a German Lawyer (“Mrs CT” “the Respondent”) the primary disputes concerned in this matter were, inter alia: –        a prenuptial waiver of spousal maintenance as contained in an ante-nuptial contract between the parties; –        the full and
Read more
No Comments

Vodacom (Pty) Ltd v Motsa & another (174/16) [2016] ZALCJHB 59

BACKGROUND In this case the First Respondent being a Mr Godfrey Motsa (“Motsa”) resigned as a senior executive employee of the Applicant being Vodacom (Pty) Ltd (“Vodacom”) and took up employment with the Second Respondent being, MTN Group LTD (“MTN”). Motsa was employed by Vodacom in or during January 2007. On or about 23 December
Read more
No Comments

Commissioner for the South African Revenue Service v Char-Trade 117 CC t/a Ace Parking (776/2017) [2018] ZASCA 89 (31 May 2018)

BACKGROUND During 2007 to 2011, Char-Trade 117 CC (“the Respondent”), made various loans to related close corporations and companies within its group of companies. The Respondent reported these loans in its annual financial statements as ‘unsecured, bear interest at current rates and have no fixed terms of repayment’. The Commissioner for the South African Revenue
Read more
No Comments

SACCAWU obo Bongumusa Mvuyana and 14 Others V Oyster Box Hotel (Pty) Ltd (2018) D711/07 (LC)

SUMMARY The factual matrix from which this judgment arises concerns a retrenchment dispute. The matter pivoting on the consultation process adopted by Oyster Box Hotel (Pty) Ltd (the “Employer”), SACCAWU obo Bongumusa Mvuyana (the “Trade Union”) disputing the Employer’s compliance with the consultation process stipulated in S189(2) of the Labour Relations Act No. 66 of
Read more
No Comments

Municipal Mysteries: When “actuals” aren’t “actuals”

Introduction This article canvases what a consumer can do to protect himself[1] when a municipality is charging him according to “actual” readings for electricity or water consumption, but where the readings used by the municipality are clearly not ‘actuals’ and thus cannot be true and proper readings.   Actuals versus Estimates                                                                                                                                                            There are two types
Read more
No Comments

Friedshelf 325 (Pty) Ltd & Another v Mokwena (652/17) [2018] ZASCA 102 (5 July 2015).

SUMMARY In August 2015, Ms Mokwena (the Respondent) instituted an action in the Land Claims Court (the LCC) claiming an order that she be declared a labour tenant under the Land Reform (Labour Tenant) Act 3 of 1996 (the LTA). She further claimed that she be awarded a portion of Portion 50 of the farm
Read more
No Comments

Muddying the waters: COJ’s confusing “zoning driven rating policy”

Introduction City of Johannesburg Metropolitan Municipality (“COJ”) has taken the view that rating categorisations and tariffs are distinct legal concepts, and that this entitles it to change a consumer’s tariff without following the procedure prescribed in the Local Government: Municipal Property Rates Act (“the Act”), that applies to the change of a consumer’s rating categorisation.
Read more
No Comments

Powell v Powell (52917/07) [2008] ZAGPHC 44 (15 February 2008)

SUMMARY In this case, the Applicant and the Respondent were married and divorced and then remarried and are again divorcing. The Applicant therefore brought the Rule 43 Application in order to determine the parental responsibilities and rights of the couple’s two minor children as well as her maintenance and that of the two minor children.
Read more
No Comments

Conradie v S (CCT224/17) [2018] ZACC 12; 2018 (7) BCLR 757 (CC) (25 April 2018)

SUMMARY The Applicant was convicted on two counts of rape the Regional Magistrate’s Court and sentenced to 18 years’ imprisonment. Subsequent to sentence being handed down in the Wynberg Regional Magistrate’s Court, the Applicant was granted leave to appeal to the High Court, Western Cape Division (“High Court”) where the appeal against the convictions was
Read more
No Comments