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Boreholes and Water Use Rights/Allocations

Introduction The recent water restrictions have brought into sharp focus how even “first world” cities like Johannesburg are battling to manage their water resources in a sustainable manner. Johannesburg Water SOC Ltd and the City of Johannesburg Metropolitan Municipality (“COJ”) are accordingly promoting the use of borehole water as an alternative to the conventional municipal
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Minister of Defence and Military Veterans v Maswanganyi [2019] ZASCA 86 (31 May 2019) (739/18)

SUMMARY On or about 31 May 2019, the Supreme Court of Appeal (the “SCA”) upheld an appeal against a judgment and order of the Gauteng Local Division of the High Court, Pretoria (Raulinga J, sitting as court of first instance) (the “High Court”). The matter concerned itself with the interpretation of s 59(1)(d) of the
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National Union of Metal Metalworkers of South Africa and Another v Aveng Trident Steel (A Division of Aveng Africa Proprietary Limited) and Others (JA25/18) [2019] ZALAC 36 (13 June 2019)

BACKGROUND In 2014, Aveng Trident Steel (“Aveng”) initiated a consultation process in terms of section 189 of the Labour Relations Act (“the LRA”) with the union NUMSA. Aveng recognised that a reduction of staff would not be sufficient to resolve its operational problems. It needed to achieve an improvement in productivity as well by, inter
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Jacoti Construction CC v PHG Group CC (6006/2017) [2019] ZAFSHC 120 (18 July 2019)

SUMMARY PHG Group CC (“the Defendant”) raised an exception to Jacoti Construction CC (“the Plaintiff’s”) Summons and Particulars of Claim based on the fact that they lacked certain averments in order to adequately sustain a cause of action.   Subsequently, the Defendant’s exception was upheld and the Plaintiff was ordered to pay costs of the
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Fischer v Ubomi Ushishi Trading CC and Others 2019 (2) SA 117 (SCA).

BACKGROUND AND SUMMARY This matter considered whether a real right to a half-share in immovable property vests in a spouse, immediately after the dissolution of a marriage. More specifically, the court was tasked with determining whether the real right to the half-share in the immovable property vested in terms of a court order, incorporating a
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