The Implications of the Constitutional Court Decision: Jordaan and Others v City of Tshwane Metropolitan Municipality and Others [2017] ZACC 31
Monday, 09 July 2018
Introduction The Constitutional Court held last week that historical municipal debt (meaning municipal debt attaching to a property which is older than two years at the date of application for a rates clearance certificate) does not “survive” transfer, meaning that the purchaser or other successor in title cannot be held liable for debt by the
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Mantis Investment Holdings (Pty) Ltd v Eastern Cape Development Corporation and Others
Wednesday, 27 June 2018
BACKGROUND Mantis Investment Holdings Pty (Ltd) (the “Appellant”) was the sole shareholder of Bushman Sands Development (Pty) Ltd (“Bushman Sands”). Bushman Sands borrowed the sum of R19 357 645.00 (Nineteen Million, Three Hundred and Fifty-Seven Thousand, Six Hundred and Forty-Five Rand) from the Eastern Cape Development Corporation (the “First Respondent”). Before the First Respondent could
- Published in News, 2018, Insolvency
Can a government decision maker “change its mind”?
Saturday, 23 June 2018
Introduction This article considers the legalities around a governmental decision maker’s conduct in taking a decision and thereafter revoking or amending that decision – i.e. where the decision maker “changes its mind”. Decisions that affect the public In this article we are only referring to decisions of a governmental decision maker that have external legal
- Published in News, 2018, Municipal Law
S v Nyembezi (362/2017) [2018] ZAGPPHC 203 (11 April 2018)
Tuesday, 19 June 2018
SUMMARY Review proceedings were launched in the Gauteng Local Division, Johannesburg, before Acting Judge Phahlane, based on a number of procedural irregularities which occurred during a criminal trial, which subsequently resulted in a conviction and the imposition of a prison sentence. On 1 November 2017, in the Oberholzer Magistrate’s Court, Thuso Nyembezi (“the accused”) was,
- Published in News, 2018, Criminal Law, Criminal Procedure
Rustenburg Platinum Mine v South African Equity Workers Association obo Meyer Bester and Others (CCT127/17) [2018] ZACC 13 (17 May 2018)
Tuesday, 12 June 2018
BACKGROUND Mr Bester, who was represented by the South African Equity Workers Association (“SAEWA”), was an employee of Rustenburg Platinum Mine (“Applicant”). In April 2013, Mr Bester attempted to raise a parking issue with the Applicant’s Chief Safety Officer (“Mr Sedumedi”). His attempts were ignored which led to Mr Bester allegedly interrupting a safety meeting,
- Published in News, 2018, Labour Law
Mashaba v Telkom SA (2018) 39 ILJ 1067 (LC)
Thursday, 07 June 2018
SUMMARY The factual matrix from which this judgment arises concerns an Automatically Unfair Dismissal dispute. Telkom SA (“the Employer”) dismissed Mr Mashaba (“the Employee”) following an enquiry into an email containing a memorandum which was circulated by the Employee. At the heart of the Employee’s contention was that he had been Automatically Unfairly dismissed, as contemplated
- Published in News, 2018, Labour Law
Osborne v Cockin NO & Others (549/2017) [2018] ZASCA 58 (17 May 2018)
Wednesday, 06 June 2018
SUMMARY Osborne (the appellant) brought an application in the Eastern Cape High Court for the sequestration of the Cockin Trust. Shaun Cockin had committed suicide and it had come to light that he had defrauded a number of businessman, including Osborne. Osborne alleged that the Cockin Trust was nothing more than an alter ego of
- Published in News, 2018, Estates and Trusts
Gwadiso and Another v S (A425/2017) [2018] ZAWCHC 33 (16 March 2018)
Tuesday, 05 June 2018
SUMMARY On 14 January 2016, in Villiersdorp, Western Cape, the appellants stole 650 metres of copper cabling belonging to Telkom worth a value of R35,000.00, and were subsequently convicted of theft in the district court at Caledon on 13 September 2016. On 28 February 2017, the appellants were each sentenced to 12 years imprisonment in
- Published in News, 2018, Criminal Law
Moor and Another v Tongaat-Hulett Pension Fund and Others (518/17) [2018] ZASCA 83
Monday, 04 June 2018
SUMMARY The Supreme Court of Appeal (“the SCA”) dismissed an appeal against an order of the Kwazulu-Natal Local Division of the High Court, Durban (“the High Court”), which had held that the apportionment and distribution of actuarial surplus in the amount of R363.2 million to an employer surplus account in 2012 was lawful. The Second
- Published in News, 2018, Pension Fund Law
