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National Credit Regulator v Standard Bank of South Africa LTD and South African Human Rights Commission.

SUMMARY In casu, the issue for the court’s determination was whether sections 90(2)(n) and 124 of the National Credit Act, 34 of 2005, (“the NCA”) render the common law right of set-off inapplicable in respect of credit agreements that are subject to the NCA.   The common law right of set off allows one debt
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Standard Bank of South Africa Limited v McCrae (21128/2015) [2019] ZAGPJHC 206 (25 June 2019)

BACKGROUND AND SUMMARY On 12 November 2009, a written loan agreement had been concluded between the Applicant and of Strike Productions (Pty) Ltd (“Strike”) (the “Loan”). In terms of the Loan, an event of default would occur if Strike was liquidated. In such instance, the Standard Bank of South Africa Limited (the “Applicant”) would require
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National Home Builders’ Registration Council & Another v Xantha Properties 18 (Pty) Ltd (780/2018, 784/2018) [2019] ZASCA 96 (21 June 2019)

SUMMARY Background This appeal dealt with whether Xantha Properties 18 (Pty) Ltd (the “Respondent”), registered as a “home builder” in terms of section 1 of the Housing Consumers Protection Measures Act 95 of 1998 (the “Act”), was compelled to adhere to section 14(1) of the Act with regard to homes built only for purposes of
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Molehe v Public Health and Social Development Sectoral Bargaining Council and Others (167/2014) [2019] ZALCCT 19 (2 August 2019)

SUMMARY This case deals with the review of an arbitration award which was issued on 17 March 2013. Below, are the facts that lead to the aforementioned arbitration award.   Lucas Moeketsi Molehe (“the Applicant”) was employed by the Department of Social Development, Free State Province (“the third Respondent”), as a social auxiliary social worker,
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Merchant West (Pty) Ltd v Cell C (Pty) Ltd (17/22900) [2019] ZAGPJHC 26 (7 February 2019)

BACKGROUND AND SUMMARY The application involves the interpretation of a lease agreement (“the lease agreement”) between Merchant West (Pty) Ltd (“the Applicant”) and Cell C (Pty) Ltd (“the Respondent”). The lease agreement was made up of a Master Rental Agreement (“the MRA”) concluded on 19 December 2013, a side letter dated 4 December 2013 and
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