Scoin Trading v Bernstein (29/10) [2010] ZASCA 160 (1 December 2010)

SUMMARY The appellant in this matter is Scoin Trading, a company that trades in coins and similar items. Gregory John Till (the deceased) was an avid coin collector who had purchased some gold coins and medallion from the appellant. During August 2007, deceased entered into an agreement with the appellant to purchase a rare ZAR
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Mostert and Others v Firstrand Bank t/a RMB Private Bank and Another (198/2017) [2018] ZASCA 54 (11 April 2018)

SUMMARY This appeal concerned section 129(3) of the National Credit Act (the NCA) and whether a default in a credit agreement can be remedied by payments made by a third party and not by, or on behalf of, the consumer itself. The First Respondent, Firstrand Bank Limited t/a RMB Private Bank (RMB), advanced R30 million
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Credit Security and Notarial Bonds

Introduction This article discusses what notarial bonds are, and how they operate as a form of credit security in terms of South African law.   What is Credit Security? When a creditor makes a loan to a debtor, the creditor does so with the hope and expectation that the debtor will repay the loan, usually
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John Walker Pools v Consolidated Aone Trade & Invest 6 (Pty) Ltd (in liquidation) and Another [2018] ZASCA 12 (8 March 2018)

BACKGROUND In this matter, an eviction order of the KwaZulu-Natal Division, Pietermaritzburg (the “Court a Quo”) was granted against John Walker Pools (Pty) Ltd (“JWP”). In terms of the eviction order JWP were to be ejected from occupying the shop premises. The Court a Quo dismissed JWP’s application for leave to appeal. Subsequently, the application
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Basson and Another v Reddy and Others (11695/2017) [2018] ZAKZDHC 9 (20 April 2018))

SUMMARY The First and Second Applicants, were the owners of a property situated in Chiltern Hills, Kwazulu Natal (“the Property”). On 22 June 2016 the Applicants entered into an agreement with the First and Second Respondent (hereinafter the Respondents) for the purchase and sale of the Property. Clause 1.5 of the contract of sale required
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Advertising Standards Authority v Herbex (Pty) Ltd (902/2016) [2017] ZASCA 132

SUMMARY The central issue in this appeal is whether the Appellant, the Advertising Authority of South Africa (the ASA), has jurisdiction over persons who are not its members and who have not consented to its jurisdiction. The respondent (Herbex), which carries on business marketing complementary medicines, is not a member of the ASA. Herbex launched
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ABET Inspection Engineering (Pty) Ltd v The Petroleum Oil and Gas Corporation of South Africa and Another (A280/2017) [2018] ZAWCHC 7 (1 February 2018)

SUMMARY Vumela Industrial Consultancy (Pty) Ltd (“Vumela”) successfully tendered for a contract for the provision of quality control and approved inspection authority services for PetroSA, being an organ of state (“the Contract”). Vumela had obtained the highest score in the tender evaluation process and offered a tender price that was R4.6 million lower than that
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Earthlife Africa Johannesburg and Another v Minister of Energy and Others 2017 (5) SA 227 (WCC)

SUMMARY In 2013, the Minister of Energy determined, in terms of section 34 of the Electricity Regulation Act, that South Africa required 9.6 gigawatts of nuclear power, and further that the Department of Energy should begin the procurement process for same. In this review application, Earthlife Africa – Johannesburg and the Southern African Faith Communities’’
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Mandela v Executors Estate Late Nelson Rolihlahla Mandela and Others (131/17) [2018] ZASCA 2 (19 January 2018)

BACKGROUND On 5 December 2013, Mr Nelson Rolihlahla Mandela (“Mr Mandela”) passed on and left behind a Last Will and Testament (the “Will”) in which he bequeathed his property to his Family Trust. This property was donated to Mr Mandela by the Minister of Land Affairs (the “Third Respondent”) during the time when a final
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South African Airways (SOC) Ltd v The Commission for Conciliation, Mediation and Arbitration and Others ZALCJHB [January 2018]

SUMMARY The Applicant, South African Airways (SOC) Ltd (hereinafter referred to as “SAA”), the employer of the Third Respondent Matebogo Thipe (hereinafter referred to as “Thipe”) sought a review of an arbitration award granted by the Commission for Conciliation, Mediation and Arbitration (the “CCMA”) in favour of Thipe in 2014. Thipe had been dismissed by
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