Evergreen Property Investments (Pty) Ltd v Messershmidt (A409/2017) [2018] ZAGPPHC 786 (10 October 2018).
Monday, 19 November 2018
SUMMARY The appellant in this case was the owner of Evergreen Broadacres Retirement Lifestyle Village (“the Village”). The Village is a sectional titles scheme and a housing development scheme. The respondent resides in the Village, is a Life Right Owner and falls into the Phase 1 & 2 category of resident. The respondent’s complaint related
- Published in News, 2018, Commercial Law, Other
No Comments
Case Note: Sentrachem V Terrblanche (237/2016) [2017] ZASCA 16 (22 March 2017)
Monday, 03 July 2017
Summary This case went on appeal to the Supreme Court of Appeal (the “SCA”) wherein the Court upheld an appeal against a decision of the Gauteng Division of the High Court (the “court a quo”). The issues before the SCA included, inter alia: 1. whether or not the substitution of a party after litis contestatio
- Published in 2017, Commercial Law, Other
Case Note: Mahaeeane & Another V Anglogold Shanti Limited (85/2016) ZASCA 090 (07 June 2017)
Monday, 03 July 2017
Summary Mahaeeane Mahaeene and Motlajsi Thakaso (the “Appellants”) were both previously employed by AngloGold Ashanti Limited (the “Respondent”) in its mining operations. The Appellants were medically boarded by the Respondent based on the ground that they had contracted silicosis, Silicosis is disease commonly found in miners who are exposed to harmful quantities of silica dust.
- Published in 2017, Labour Law, Other
Case Note: The Kwa Zulu-Natal Law Society v Mrs Simrithi Sharma and The Standard Bank of South Africa
Monday, 03 July 2017
Summary An Application was brought by the Applicant for leave to Appeal to the Supreme Court of Appeal but only in respect of the cost order. Subsequently the Applicant launched an application to seek leave to amend its notice of Application for leave to appeal to seek leave to appeal also in respect of the
- Published in 2017, Commercial Law, Other
Case Note: Mpambaniso v Law Society of the Cape of Good Hope (542/2014) [2016] ZAECGHC 114 (3 November 2016)
Wednesday, 14 June 2017
Summary This was an application for leave to appeal to the Supreme Court of Appeal (“SCA”) from the Eastern Cape High Court Division, Grahamstown, against the judgement given within which the Applicant was struck from the roll of attorneys due to his misconduct (“the Application”). The main ground upon which the Applicant applied for leave
Case Note: Land Access Movement of South Africa and Others v Chairperson of the National Council of Provinces and Others (CCT40/15) [2016] ZACC 22 (28 July 2016)
Thursday, 20 October 2016
Summary This case dealt with the constitutional validity of the Restitution of Land Rights Amendment Act (“the Amendment Act”). The aim of the Act was to revive the lodgement of land claims in the Post-Apartheid era. The Applicant’s case was two-fold. The primary challenge sought a declaration that the Amendment Act, in its entirety, was
- Published in 2016, Other, Property Law
Commentary on the Immigration Amendment Bill
Friday, 03 June 2016
Introduction Foreigners who stay longer than their visa allows face much harsher sanctions under a new immigration law, which lawyers say is punitive and unconstitutional. The Immigration Amendment Bill (the “Bill”) was published in Government Gazette No. 39501 of 11 December 2015, in order to amend the Immigration Act 13 of 2002 (“the Act”). This
Case Note: KwaZulu – Natal Law Society v Moodley and Another (7037/2014) [2016] ZAKZPHC 25 (26 February 2016)
Friday, 29 April 2016
Summary The Applicant was seeking to strike off the First Respondent from the roll of attorneys on account of her not being a fit and proper person to practise as an attorney. The First Respondent faced four counts of professional misconduct namely: 1. A contravention of s 70(2) of the Attorneys Act No. 53 of
Case Note: Spring Forest Trading 599 CC v Wilberry (Pty) Ltd t/a Ecowash & Another
Thursday, 28 April 2016
Summary This case concerns an appeal to the Supreme Court of Appeal (SCA) wherein the court upheld an appeal against a decision of the High Court of KwaZulu-Natal. The High Court a quo found that it was not permissible for a written agreement, which required cancellation to be in writing and signed by the parties,
- Published in 2016, Commercial Law, Other
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